A Tax Telenovela? Yes! K Alain v. Commissioner
A look at what the Fifth Circuit’s new limited-partner standard could mean for self-employment tax. Some people think tax is boring. To me, it is an ongoing telenovela: competing interpretations, unexpected reversals, appellate drama, and just when you think you understand where the story is going, somebody files for rehearing. The latest example is K Alain, L.L.L.P. v. Commissioner , decided by the Fifth Circuit on August 12, 2026. At the center of the case is a surprisingly simple question: What exactly is a “limited partner”? That may seem like something the Internal Revenue Code would define. It does not. And that omission has turned into a heated debate over self-employment tax. The Problem Ordinarily, a partner’s share of income from a partnership’s trade or business is included in net earnings from self-employment. But Section 1402(a)(13) creates an exception: a limited partner’s share of partnership profits is generally excluded from self-employment income. The problem is ...