Richard J. and Phyllis Bot - Page 12




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            business must be carried on by the individual, either personally                           
            or through agents or employees.”  Sec. 1.1402(a)-2(b), Income Tax                          
            Regs.  The self-employment tax provisions are broadly construed                            
            in favor of treating income as earnings from self-employment.8                             
            Braddock v. Commissioner, 95 T.C. 639, 644 (1990); Hornaday v.                             
            Commissioner, 81 T.C. 830, 834 (1983); Hennen v. Commissioner,                             
            T.C. Memo. 1999-306; S. Rept. 1669, 81st Cong., 2d Sess. (1950),                           
            1950-2 C.B. 302, 354.                                                                      
                 Respondent does not directly dispute that petitioners                                
            retired from daily farming in 1988.  Respondent contends only                              
            that petitioners engaged in a trade or business of acquiring and                           
            selling corn and corn products for profit during 1994 and 1995                             
            and that petitioners derived the value-added payments from that                            
            trade or business.                                                                         
                  Petitioners claim that they were not engaged in a trade or                           
            business from which they derived the value-added payments.                                 
            Petitioners assert that the value-added payments constituted                               
            investment income attributable to their ownership of MCP common                            
            stock.  Petitioners maintain they correctly reported the value-                            
            added payments on their 1994 and 1995 tax returns as proceeds                              
            from the sale of capital assets excludable from net earnings from                          


                  8We do not consider the provisions of subch. T of the Code,                          
            secs. 1381-1388, pertaining to the income taxation of                                      
            cooperatives and their patrons, since none of the parties to this                          
            case place any reliance on those provisions.                                               





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