55 T.C. 1018">*1018 OPINION

Respondent determined a deficiency of $ 338.68 in petitioner's Federal income tax for the year 1966. This deficiency arises by reason of respondent's determination that petitioner's net earnings from self-employment were subject to the tax on self-employment income imposed by section 1401 of the Internal Revenue Act. ¹ No question is raised as to the amount or the character of the income 55 T.C. 1018">*1019 involved. The only question for our consideration is whether petitioner is required to pay the self-employment tax imposed1971 U.S. Tax Ct. LEXIS 171">*173 by virtue of section 1401 under the facts of the instant case.

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

Petitioner, at all times pertinent herein, has been a resident of Washington, D.C. He filed a separate return for 1966, the taxable year in question, with the district director of internal revenue at Baltimore, Md.

Petitioner was a self-employed accountant during 1966, and his only income in that year stemmed from his accounting activities. Petitioner had $ 5,507 of self-employment income as that term is defined in section 1402(a) ² and 1402(b) ³ and used in section 1401(a) and (b). Prior to 1966, petitioner, pursuant to section 1401, had computed and paid a self-employment tax for in excess of 40 consecutive quarters, ⁴1971 U.S. Tax Ct. LEXIS 171">*175 thus achieving the status of a "fully insured individual" as defined1971 U.S. Tax Ct. LEXIS 171">*174 in 42 U.S.C. sec. 414(a)(2). ⁵ In his income tax return for 1966, petitioner did not compute, nor did he pay any self-employment tax under section 1401. Respondent, in his notice of deficiency, computed the tax due under section 1401, and determined a deficiency of $ 338.68 (6.15 percent X $ 5,507). ⁶

1971 U.S. Tax Ct. LEXIS 171">*176 55 T.C. 1018">*1020 Petitioner presents a novel argument based on a presumed correlation between entitlement to certain maximum benefits under section 414 of the Social Security Act as amended (1964), 42 U.S.C. sec. 301 et seq., and the liability for payment of self-employment taxes under section 1401. Petitioner is a "fully-insured individual" within the meaning of section 414 of the Social Security Act, 42 U.S.C. sec. 301 et seq., because he has over 40 quarters of coverage. Under section 402, 42 U.S.C. sec. 301 et seq., petitioner's rights to old-age and survivors insurance benefit payments are fully vested, and he need only reach the age of 62 (which, as of 1966, petitioner had not yet done, having been born in May of 1906) to begin receiving payments under the Act. Petitioner argues that since he has done all that is required in order to be eligible for the maximum benefits allowable under the Social Security Act, he need no longer pay the tax levied by virtue of section 1401. He further contends that to decide otherwise would be a confiscatory taking of property1971 U.S. Tax Ct. LEXIS 171">*177 without due process of law, and in violation of his rights under the fifth amendment of the Constitution of the United States.

Petitioner's argument is without merit. It finds no support in any provision of the Internal Revenue Code, in any regulation of the Commissioner, in any congressional report, or in any provision of the Constitution. See Lewyt v. Commissioner, 349 U.S. 237">349 U.S. 237 (1955); Cain v. United States, 211 F.2d 375">211 F.2d 375 (C.A. 5, 1954), certiorari denied 347 U.S. 1013">347 U.S. 1013 (1954).

Decision will be entered for the respondent.