Eric D. Fultz and Sandra A. Fultz - Page 2

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          determinations are no longer disputed.1  The issue remaining for            
          decision is whether petitioners are liable for self-employment              
          tax under section 14012 on value-added payments that Eric Fultz             
          (Mr. Fultz) received from an agricultural cooperative.  We hold             
          the value-added payments are subject to the self-employment tax.            
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated.  The stipulation of            
          facts and the attached exhibits are incorporated herein by this             
          reference.  Petitioners, husband and wife, resided in Tracy,                
          Minnesota, at the time their petition was filed.  During all                
          relevant years, Mr. Fultz was a farmer and ran a farm operation             
          involving grain and livestock.  Sandra Fultz (Mrs. Fultz) was a             
          store manager.                                                              
          1.   Fultz Farms, Inc.                                                      
               Fultz Farms, Inc. (Fultz Farms), was incorporated in                   
          December 1990 by Bernard Fultz, Mr. Fultz’s father.  During the             
          years at issue, petitioners owned approximately 470 acres of farm           


               1Respondent has conceded an adjustment in “1.A. AG Rent-SE             
          Income” for 1994 and 1995, along with the corollary and                     
          computational adjustments associated with that adjustment.  In              
          addition, petitioners presented no argument nor provided any                
          evidence with regard to adjustments “1.B. Dividends” or “1.D.               
          Patronage Dividends” for either year and therefore have conceded            
          those adjustments.                                                          
               2Unless otherwise indicated, all section references are to             
          the Internal Revenue Code in effect for the years in issue, and             
          all Rule references are to the Tax Court Rules of Practice and              
          Procedure.  All dollar amounts are rounded.                                 





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