Warren L. Baker, Jr. and Dorris J. Baker - Page 3




                                        - 3 -                                         
          agrees with and adopts the opinion of the Special Trial Judge,              
          which is set forth below.                                                   
                         OPINION OF THE SPECIAL TRIAL JUDGE                           
               PANUTHOS, Chief Special Trial Judge:  Respondent determined            
          a deficiency in petitioners’ Federal income tax of $2,519 for               
          1997.  All references to petitioner are to Warren L. Baker, Jr.             
               After a concession by petitioners,3 the issue for decision             
          is whether the termination payment received by petitioner upon              
          retirement as an insurance agent of State Farm Insurance Cos. is            
          taxable as capital gain or ordinary income.                                 
                                     Background                                       
               Some of the facts have been stipulated and are so found.               
          The stipulated facts and the related exhibits are incorporated              
          herein by this reference.  At the time of filing the petition,              
          petitioners resided in Fairview Heights, Illinois.                          
          I.   Petitioner’s Agreement With State Farm                                 
               a.  General                                                            
               Petitioner began his relationship with State Farm Insurance            
          Cos. (State Farm) on January 19, 1963.  State Farm consisted of             
          State Farm Mutual Automobile Insurance Co., State Farm Life                 



               2(...continued)                                                        
          Court Rules of Practice and Procedure, unless otherwise                     
          indicated.                                                                  
               3  Petitioners concede that they failed to report dividend             
          income of $919 from Magna Group, Inc.                                       





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