- 2 - Ps reported the payment on their 1997 Federal income tax return as a long-term capital gain. In a notice of deficiency issued to Ps, R disallowed capital gain treatment and determined that the payment was ordinary income. R did not impose self-employment tax on the income. Held: P did not own a capital asset or sell a capital asset to State Farm, nor did the termination payment P received from State Farm represent payment for transfer of a capital asset to State Farm or the successor agent. Held, further, that Ps are not entitled to capital gain treatment for the termination payment received from State Farm in 1997. Held, further, Ps must treat the payment received in 1997 as ordinary income. Thomas J. O’Rourke, for petitioners. Roger W. Bracken, for respondent. OPINION DAWSON, Judge1: This case was assigned to Chief Special Trial Judge Peter J. Panuthos pursuant to the provisions of section 7443A(b)(5) and Rules 180, 181, and 183.2 The Court 1 I wrote the Court’s majority opinion in Jackson v. Commissioner, 108 T.C. 130 (1997), holding that termination payments received by the insurance agent from State Farm were not subject to self-employment tax under secs. 1401 and 1402, I.R.C. I also joined Judge Parr’s concurring opinion indicating that such payments could be treated as being in the nature of a buyout of the agent’s business. After further consideration, I am now persuaded by the opinion of Chief Special Trial Judge Panuthos that this petitioner (agent) is not entitled to capital gain treatment for the termination payment he received. 2 Section references are to the Internal Revenue Code in effect for the year in issue. All Rule references are to the Tax (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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