- 11 - folders that he purchased, claim draft books, rate books, agent’s service texts, and a computer. He maintained much of the information regarding the policies and policyholders on the computer. He fully complied with the provision in the agreement for return of property to State Farm. The successor agent hired the two employees previously employed by petitioner and assumed petitioner’s telephone number. The successor agent also worked with petitioner on occasion prior to petitioner’s retirement to meet policyholders and to ask questions. The successor agent opened an office in the vicinity of petitioner’s office. When the termination was completed, petitioner had returned all of the assets used in the agency to State Farm and the successor agent. III. Tax Return and Notice of Deficiency Petitioners timely filed their 1997 Federal income tax return. They reported the income of $38,622 from the termination payment which petitioner received in 1997 as long-term capital gain on Schedule D, Capital Gains and Losses. Petitioners attached a two-page statement to Schedule D on which the termination payment was described as an annuity payable over 5 years.5 The annuity was described as a sale of assets to State 5 Timing of the recognition of income is not at issue. The record does not indicate how State Farm treated the termination payment on its return.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011