itonewbie
Level 15
12-07-2019
01:24 AM
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Based on various Rev. Rulings, the bar for when net earnings from an activity would consistent self-employment income subject to SE-tax is lower than the more stringent considerations for §162 trade or business. As a general rule, the taxpayer would be deemed to be engaged in a trade or business for purposes of §1402 and §1401 if he/she engages in the profession or occupation for profit and with sufficient regularity but not as an employee. So, it is ***possible*** for income reported on 1099-MISC to be reported on Line 21 but still be subject to SE-tax.
In this particular case, assuming the taxpayer is indeed an independent contractor and she pursues similar opportunities on a recurring basis, it could be difficult to argue that the income should not be subject to SE-tax given the profit generated in spite of the activities not being continuous and substantial.
In this particular case, assuming the taxpayer is indeed an independent contractor and she pursues similar opportunities on a recurring basis, it could be difficult to argue that the income should not be subject to SE-tax given the profit generated in spite of the activities not being continuous and substantial.
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