- 12 - 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.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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