# SSR 61-42: SSR 61-42. RENTAL VALUE OF ROOM OCCUPIED BY OWNER-OPERATOR OF ROOMING HOUSE

> Federal · Rulings · In force

URL: https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_61_42

## Section

- **Citation:** SSR 61-42
- **Heading:** SSR 61-42. RENTAL VALUE OF ROOM OCCUPIED BY OWNER-OPERATOR OF ROOMING HOUSE
- **Jurisdiction:** Federal
- **Kind:** Rulings
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Social Security Rulings / OASI / Self-Employment / SSR 61-42

## Text

R filed application for old-age insurance benefits in April 1960 and was
found to be entitled to benefits beginning with April 1959. In 1959, R
owned and operated a rooming house which had 16 units consisting of a
single room or a room with private bath. R occupied one room with a
private bath. Seven of the units were rented by more or less permanent
guests and the other eight units were rented on a transient basis. R
provided laundry and main service for all of the rented units.

R reported her net earnings from self-employment for 1959 as $1,567.
However, in computing her net earnings from self-employment, R showed her
gross income as $5,301, which amount included $738 as the rental value of
the unit that she occupied. She also showed business expenses of $3,734,
which included $257 attributable to that unit for heat, light,
depreciation, etc. The question is whether the amounts relating to the
unit occupied by R should have been included in computing her net earnings
from self-employment.

The amount of R's earnings for 1959 will affect the computation of her
benefit amount, since under section 215 of the Social Security Act the
amount of the old-age insurance benefit is based on the average monthly
earnings of the worker. Also, since R is entitled to benefits beginning
April 1959, the amount of her earnings for that year will affect the
determination as to what deductions, if any, must be made from her
benefits for 1959 under section 203 of the Act. If R's earnings for 1959
exceed $1,200, deductions for one or more months may have to be made from
her benefits for 1959.

Section 211(a) of the Act provides, in pertinent part, that the term "net
earnings from self-employment" means the gross income, as computed under
subtitle A of the Internal Revenue Code of 1954, derived by an individual
from any trade or business carried on by such individual, less deductions
allowed under such subtitle which are attributable to such trade or
business.
nefits for 1959.

Section 211(a) of the Act provides, in pertinent part, that the term "net
earnings from self-employment" means the gross income, as computed under
subtitle A of the Internal Revenue Code of 1954, derived by an individual
from any trade or business carried on by such individual, less deductions
allowed under such subtitle which are attributable to such trade or
business.

In the present case, R was engaged in a trade or business of operating a
rooming house, and the gross income she derived therefrom is includible in
computing her net earnings from self-employment. However, a person does
not derive any income from dealing with himself, and the rental value of
the unit occupied by R is therefore not includible in her gross income.
Accordingly, R should not have included in her gross income the amount of
the rental value of the unit occupied by her, and her gross income for
1959 is $4,573 rather than $5,301 as stated by R.

As to the expenses attributable to the unit occupied by R, they are
personal or living expenses and may not be deducted from her gross income
in computing her net earnings from self-employment. Therefore, R's
deductible expenses should not include the amount attributable to the unit
occupied by her; and deductible expenses are $3,477 rather than $3,734 as
stated by R.

Accordingly, it is held that R's net earnings from self-employment
for 1959 are $4,573 (gross income) less $3,477 (deductible expenses), or
$1,096. Therefore, her earnings for 1959 for the purpose of computing the
amount of her old-age insurance benefits are $1,096. Since R's earnings
for 1959 are less than $1,200, no deduction may be imposed against her
benefits for any month of that year and her benefits are payable to her
for all months of 1959 beginning with April of that year.

## Nearby sections

- [SSR 60-27 SSR 60-27. ADMINISTRATOR OR EXECUTOR -- MARSHALLING AND DISTRIBUTING ASSETS OF SINGLE ESTATE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_60_27.md)
- [SSR 61-7 SSR 61-7. FARM RENTAL INCOME -- MATERIAL PARTICIPATION](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_61_7.md)
- [SSR 61-28 SSR 61-28. SOIL BANK PAYMENTS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_61_28.md)
- [SSR 61-29 SSR 61-29. JOINT OWNERSHIP OF FARM](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_61_29.md)
- [SSR 61-42 SSR 61-42. RENTAL VALUE OF ROOM OCCUPIED BY OWNER-OPERATOR OF ROOMING HOUSE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_61_42.md)
- [SSR 61-43 SSR 61-43. ADMINISTRATOR OR EXECUTOR -- OPERATION OF BUSINESS AMONG ASSETS OF ESTATE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_61_43.md)
- [SSR 61-44 SSR 61-44. PERSONAL SERVICES PERFORMED FOR FAMILY MEMBER OF CLOSE FRIEND](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_61_44.md)
- [SSR 61-45 SSR 61-45. RENTAL OF CONSTRUCTION EQUIPMENT](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_61_45.md)
- [SSR 61-62 SSR 61-62. INCOME FROM BUSINESS OPERATED BY LEGAL GUARDIAN OF INCOMPETENT](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_61_62.md)
- [SSR 62-17 SSR 62-17. NET EARNINGS FROM SELF-EMPLOYMENT -- PARTNERSHIP -- HUSBAND AND WIFE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_62_17.md)
- [SSR 62-31 SSR 62-31. NET EARNINGS FROM SELF-EMPLOYMENT](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_62_31.md)
- [SSR 62-32 SSR 62-32. SELF-EMPLOYMENT INCOME -- OPTIONAL METHOD OF REPORTING FARM SELF-EMPLOYMENT](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_62_32.md)
- [SSR 62-48 SSR 62-48. NET EARNINGS FROM SELF-EMPLOYMENT -- RENTALS FROM REAL ESTATE](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_62_48.md)
- [SSR 62-49 SSR 62-49. NET EARNINGS FROM SELF-EMPLOYMENT -- RENTALS FROM REAL ESTATE -- ROYALTIES FROM USE OF OIL LANDS](https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_62_49.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/SSA_SSR_OASI_SSR_61_42. Check the current official text before relying on it. Not legal advice.
