Poteet v. Commissioner

¶1MEMORANDUM FINDINGS OF FACT AND OPINION

¶2QUEALY, Judge: Respondent determined a deficiency of $390 in the joint Federal income tax return of petitioners for the taxable year 1975.

¶3The sole issue presented for our decision is whether petitioners are liable for the tax imposed on self-employment income under the provisions of sections 1401 and 1402. ¹

¶4*401 FINDINGS OF FACT

¶5Some of the facts have been stipulated and are so found. The stipulation of facts and exhibits attached thereto are incorporated herein by this reference.

¶6Petitioners Lindley R. and Patricia R. Poteet, husband and wife, filed a joint Federal income tax return for the taxable year 1975. At the time of the filing of the petition herein, petitioners resided in Mission Viejo, California. ²

¶7Petitioner's Internal Revenue Service Forms W-2 for the taxable year 1975 indicated that he earned wages of $6,181.50 while employed by R. M. Engineering Company and American Business Service Corporation. Petitioner also worked as a free-lance mechanical designer for Baker Filtration, Inc., during 1975, thus receiving net earnings for self-employment in the amount of $5,926. Petitioner paid no self-employment tax during the taxable year 1975. Petitioner does not claim to be exempt from the self-employment tax, under section 1402(h).

¶8In the notice of deficiency to petitioner for the taxable year 1975, respondent*402 determined a deficiency of $390 in petitioner's income tax based upon the petitioner's liability for the self-employment tax. ³

¶9OPINION

¶10Petitioner earned net self-employment income of $5,926 in the taxable year 1975 and paid no self-employment tax on this income. Petitioner claimed no exemption from the tax under section 1402(h). The sole issue for decision is whether sections 1401 and 1402 are constitutional.

¶11Petitioner contends that the self-employment tax is unconstitutional because some persons are exempt from the provisions of sections 1401 and 1402. Petitioner also asserts that the self-employment tax violates his constitutional right of providing for his own retirement plan.

¶12The courts have previously upheld the constitutionality of these statutes and the exemptions*403 included therein. ; ; ; ; ; ; . Sections 1401 and 1402 are in keeping with the acknowledged authority of Congress to provide for the overall public welfare through the Social Security Act. ; ; , cert. denied, . Petitioner is liable for the payment of the tax on his income from self-employment.

¶13Decision will be entered for the respondent.