Taylor Miller - Page 36




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          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:                                                           







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