Internal Revenue Service
Revenue Ruling

TaxLinks.com   sm

 Rev. Rul. 79-85

1979-1 C.B. 246

Section 911

IRS Headnote

Earned income; sale of musical or artistic property. Rev. Ruls. 71-182 and 71-183, holding that income from the sale of musical or artistic property created by certain taxpayers is not earned income within the meaning of section 911(b) of the Code, are revoked.

Full Text

Rev. Rul. 79-85

Rev. Rul. 71-182, 1971-1 C.B. 214, and Rev. Rul. 71-183, 1971-1 C.B. 215, hold that income from the sale of musical and artistic property created by the taxpayers described therein is not earned income within the meaning of section 911(b) of the Internal Revenue Code of 1954.

In Tobey v. Commissioner, 60 T.C. 227 (1973), acq. page 1, this Bulletin, the United States Tax Court held that income from the sale of paintings created by the taxpayer is earned income under section 911(b) of the Code.

HOLDING

In view of the acquiescence in Tobey, Rev. Rul. 71-182 and Rev. Rul. 71-183 are revoked.