- 23 - The nonsponsorship and noncompetition clause was part of a termination agreement entered into between petitioner and Landmark. Such a one-time agreement is clearly not the sort of frequent and continuous activity contemplated by the regulations. Rather, it is a single, isolated event that occurred as a result of the unique relationship between petitioner and Landmark. Our conclusion is consistent with analogous cases involving self-employment taxes. In Newberry v. Commissioner, 76 T.C. 441, 444 (1981), the issue was whether the proceeds from business interruption insurance that the taxpayer received after his store was destroyed by fire constituted “gross income derived by an individual from any trade or business carried on by such individual” pursuant to section 1402(a). We held that the quoted language of section 1402(a) required a causal nexus between the income and actual business activity and that such a requirement had not been met.6 The statutory language in section 1402(a) is quite similar to the definition of unrelated business income in section 512(a),7 and we believe that the rationale in Newberry v. Commissioner, supra, is equally applicable to the instant case.8 6See also Milligan v. Commissioner, 38 F.3d 1094 (9th Cir. 1994), revg. T.C. Memo. 1992-655. 7Sec. 512(a) defines “unrelated business income” as “gross income derived by any organization from any unrelated trade or business * * * regularly carried on by it”. 8See also Barrett v. Commissioner, 58 T.C. 284, 289 (1972), wherein this Court noted: “Both parties agree that (continued...)Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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