118 T.C. No. 8 UNITED STATES TAX COURT RICHARD J. BOT AND PHYLLIS BOT, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 14155-98. Filed February 15, 2002. Ps maintained active memberships in an agricultural cooperative, which processed and sold corn produced by its members. As active members, Ps were obligated to produce and deliver corn to the cooperative regularly, and, during 1994 and 1995, they met that obligation with corn they acquired from a “pool” maintained by the cooperative. The cooperative processed and sold the corn for Ps’ benefit and paid to Ps value-added payments for the corn. For Federal tax purposes, Ps reported the value-added payments they received during 1994 and 1995 as proceeds from the sale of capital assets and did not treat the amounts received as self-employment income. Held: During 1994 and 1995, Ps were engaged in the business of acquiring and selling corn and corn products for a profit. The value-added payments were derived from Ps’ business and must be included in the calculation of Ps’ net earnings from self-employment for purposes of determining Ps’ liability for self- employment tax.Page: 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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