- 36 - a material income-producing factor.” Sec. 401(c)(2)(A) (emphasis added). Petitioner seeks to deduct her contributions to the TJM Pension Plan on the ground that the settlement proceeds of the State Farm class action lawsuit should be characterized as earned income from self-employment. Petitioner argues that the definition of net earnings from self-employment should be broadly construed, citing Wuebker v. Commissioner, 110 T.C. 431 (1998), particularly with regard to insurance agents, citing Jackson v. Commissioner, 108 T.C. 130 (1997), and Schelble v. Commissioner, 130 F.3d 1388 (10th Cir. 1997), affg. T.C. Memo. 1996-269. Although Wuebker and Jackson did not hold in favor of inclusion, Schelble did, and there are other cases that lend support to the traditional justification for a broad approach to promote the inclusion of self-employed individuals in the Social Security system and to finance Social Security benefits to be paid to them. See, e.g., Milligan v. Commissioner, 38 F.3d 1094 (9th Cir. 1994). In support of the application of the “origin of the claim” test to hold that the settlement proceeds qualify as earnings from self-employment, petitioner also cites Dye v. United States, 121 F.3d 1399, 1404 (10th Cir. 1997), which quoted the District Court as follows:Page: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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