Hopper v. Commissioner
United States Tax Court
Income and expenses related to the business of renting self-storage units are found to be "rentals [and deductions] from real estate" within the meaning of sec. 1402(a)(1), I.R.C. 1954, and sec. 1.1402(a)-4(a) and (c), Income Tax Regs., and are therefore excludable from the computation of net earnings from self-employment.
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Income and expenses related to the business of renting self-storage units are found to be "rentals [and deductions] from real estate" within the meaning of sec. 1402(a)(1), I.R.C. 1954, and sec. 1.1402(a)-4(a) and (c), Income Tax Regs., and are therefore excludable from the computation of net earnings from self-employment. P cannot offset his share of the net loss from the self-storage business against income from his law practice in determining net earnings from self-employment which are subject to self-employment tax.
1Opinion of the Court
RUWE, Judge:
Respondent determined a deficiency of $2,964.54 in petitioner Roger G. Hopper’s 1982 self-employment tax. The sole issue is whether in determining his net earnings from self-employment, Mr. Hopper may offset his share of a loss from a partnership that rented self-storage facilities against self-employment income from his law practice.
FINDINGS OF FACT
Some of the facts have been stipulated and are so found. The stipulation of facts and attached exhibits are incorporated herein by this reference.
Petitioners are husband and wife who resided in Richmond, Virginia, at the time they…
2Cases cited3 opinions
- George F. Delno v. Anthony J. Celebrezze, Secretary of Health, Education and WelfareCourt of Appeals for the Ninth Circuit · 1965
- Johnson v. CommissionerUnited States Tax Court · 1973
- Bobo v. CommissionerUnited States Tax Court · 1978
3Cited by5 opinions
- Russell McNeilly v. Bankers United Life Assurance CompanyCourt of Appeals for the Seventh Circuit · 1993
- Hyde v. CommissionerUnited States Tax Court · 1992
- Norris v. CommissionerUnited States Tax Court · 1991
- Hopper v. CommissionerUnited States Tax Court · 1990
- Mooney v. CommissionerUnited States Tax Court · 1993