Michael and Nancy McNamara - Page 4




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               Mr. McNamara would have continued to do the same farming               
          jobs even if there had been no lease agreement.                             
               On February 1, 1992, Mrs. McNamara also entered into a                 
          purported Employment Agreement with McNamara Farms, signed by Mr.           
          McNamara as President.  The Employment Agreement provided that              
          Mrs. McNamara was to perform the following duties for the farming           
          business:  Bookkeeping, preparation of meals for employees, field           
          work, assistance in providing security for machinery and                    
          inventory, and such other usual and customary duties as may be              
          delegated by the employer from time to time.  In essence, the               
          Agreement memorialized almost the same duties that Mrs. McNamara            
          had been performing since Mr. and Mrs. McNamara began farming               
          together.  The Employment Agreement further provided that any               
          portion of compensation not paid in kind (e.g., grain crops)                
          "will be subject to required FICA social security tax and income            
          tax withholding."  The Agreement also provided that Mrs. McNamara           
          could participate in the McNamara Farms medical reimbursement               
          plans and that she would be provided medical insurance coverage             
          for herself and her dependents.                                             
               For all 3 years in issue, petitioners filed their Forms 1040           
          income tax returns as married individuals filing joint returns.             
          Mr. McNamara stated his occupation was "farmer" and Mrs. McNamara           
          stated her occupation was "bookkeeper".  On their Schedules E,              
          Supplemental Income and Loss, petitioners reported that they                





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