Ohio Farm Bureau Federation, Inc. - Page 23

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               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...)           




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