2falsewitness
8albion'
499
1paradide
3theleastofus
Mary Ann Evans 360x1000
1transcendentalist
George F Wil...360x1000
Tad Friend 360x1000
Brendan Beehan 360x1000
10abion
AlexRosenberg
1lauber
4albion
6confidencegames
2paradise
Thomas Piketty1 360x1000
1theleasofus
Ruth Bader Ginsburg 360x1000
3defense
1lafayette
Anthony McCann2 360x1000
2lookingforthegoodwar
2albion
12albion
storyparadox3
2theleastofus
14albion
Margaret Fuller5 360x1000
Thomas Piketty3 360x1000
Storyparadox1
2lafayette
1trap
Betty Friedan 360x1000
1madoff
1defense
Anthony McCann1 360x1000
5confidencegames
Learned Hand 360x1000
Susie King Taylor 360x1000
7albion
storyparadox2
1lookingforthegoodwar
6albion
7confidencegames
Margaret Fuller 2 360x1000
2confidencegames
Maria Popova 360x1000
lifeinmiddlemarch2
Thomas Piketty2 360x1000
Stormy Daniels 360x1000
Margaret Fuller4 360x1000
LillianFaderman
Mark V Holmes 360x1000
3confidencegames
lifeinmiddlemarch1
2jesusandjohnwayne
Maurice B Foley 360x1000
399
Adam Gopnik 360x1000
2defense
11albion
Lafayette and Jefferson 360x1000
13albion
Margaret Fuller1 360x1000
2gucci
1falsewitness
299
Samuel Johnson 360x1000
2transadentilist
Richard Posner 360x1000
Gilgamesh 360x1000
2trap
1empireofpain
Margaret Fuller 360x1000
Spottswood William Robinson 360x1000
Margaret Fuller3 360x1000
9albion
3albion
199
Edmund Burke 360x1000
1jesusandjohnwayne
Susie King Taylor2 360x1000
1confidencegames
11632
1gucci
Margaret Fuller2 360x1000
5albion
Office of Chief Counsel 360x1000
1albion
3paradise
James Gould Cozzens 360x1000
George M Cohan and Lerarned Hand 360x1000
4confidencegames

Originally published on Forbes.com,

Blogging is coming of age as a business.  How can I tell?  Tax litigation. Kevin A. Clark Jr. was representing himself in Tax Court.  It did not go well.

During 2012 Mr. Clark worked six to eight hours a day, seven days a week as a video blogger.  He maintained an internet site and signed up with Google Adsense, which promises to “turn your passion into profit”.

Google paid Mr. Clark $20,206.57 and, as you would expect, sent him Form 1099-MISC. Here is the thing.  You and I both want to take a look at Mr. Clark’s blog to figure out what it takes to squeeze twenty grand out of Google.  Sorry, I could not find it in the time I allotted myself. Maybe one of the commenters will come through.  Kevin Clark is a common enough name, that I was not even able to hone in on a particular person to make inquiries of.

Don’t Forget SE Tax

Mr. Clark dutifully reported the $20,206.57 on his 1040 as “Other Income” rather than filing a Schedule C.  Not good enough according to the IRS.  They also want Self-employment tax.

…..section 1401 imposes a tax on self-employment income, which under section 1402 includes “the gross income derived by an individual from any trade or business carried on by such individual”.

To explain the term “trade or business”, the U.S. Supreme Court has stated, “to be engaged in a trade or business, the taxpayer must be involved in the activity with continuity and regularity and * * * the taxpayer’s primary purpose for engaging in the activity must be for income or profit.”

Judge Gustafson ruled that the video blogging was, in fact, a trade or business.  Mr. Clark contended that the income was “a type of royalty or commission from Google”.  Unfortunately, even if the payments are considered royalties, they are still subject to self-employment tax.

How About Some Deductions?

What is odd about this case is that the subject of expenses did not come up.  You will find a lot of specific tax guidance for bloggers.  Turbo Tax has something.  It specifically warns about self-employment tax.

Blogging is a relatively new profession, but it’s covered by the same tax laws that apply to many other occupations. The main danger from a tax perspective is that, as a self-employed blogger, your taxes won’t be automatically withheld from your earnings, as is typical with traditional employees. Additionally, you’ll owe self-employment taxes that most employees don’t pay. However, you may be able to take advantage of certain deductions to reduce your tax bill.

Melyssa Griffin has one of the numerous business advice sites for bloggers.  I picked hers because I like the picture. In her piece “How To File Taxes As A Blogger” she suggests 26 specific deductions including home office, which given the level of effort Mr. Clark had might have been worth a shot, unless he works in his bedroom or something.

IRS Ahead Of The Bloggers For Now

The first blogger to ever go to Tax Court, Joshua Pingel, knew all about deductions.  Revenue not so much. His was a hobby loss case.  He lost.  Nik Richie of thedirty.com was there about a missing K-1 and, as you would expect lost.  So ]Mr. Clark makes the score IRS 3 – Bloggers 0.  Maybe the next one up will be a tax blogger and she’ll win.

Other Coverage

The ink is still wet on this decision or maybe we should say the electrons are still excited, so you might think there would be no other coverage.  You would be wrong.  Lew Taishoff is almost always the first to cover Tax Court decisions and this one is no exception.  As a matter of fact, I picked it up from his blog, which is not my usual MO.  I generally look at the raw material first and only see what others have done with it after taking my poke.


Mr. Taishoff writes:

I ain’t made a dime out of this blog, but then again I don’t have any videos.

You know the rest. Kev was running a trade or business, and he was self-employed. Continuity, regularity and profitability are all there. Kev’s claim that what he got was “royalties or commisions (sic)” doesn’t matter either, because whatever you got from your trade or business is subject to FICA-FUTA.

Me, I’m in it for love.

That creates a dilemma for me and I have to settle if by saying that here is an instance, a rare instance, of Samuel Johnson being proven wrong.  Mr. Taishoff, being even more of a literary tax blogger than I am would need to read no further to be aware of what is coming, but for the rest of you the remark of Dr. Johnson’s is:

No man but a blockhead ever wrote, except for money.