Richard J. and Phyllis Bot - Page 23




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            delivering, and selling corn.  The facts support a conclusion                              
            that petitioners continued to acquire, market, and sell corn and                           
            corn products either directly to MCP or through MCP as their                               
            agent.  Consequently, our decision in Felber simply is not                                 
            applicable with respect to whether petitioners carried on a trade                          
            or business during 1994 and 1995 involving MCP.  We hold that                              
            petitioners were engaged, during 1994 and 1995, in continuing and                          
            regular efforts to reap a profit from the acquisition, marketing,                          
            and sale of corn and corn products and that those efforts                                  
            constituted a trade or business.                                                           
            II. Income Derived From a Trade or Business                                                
                  When faced with whether a taxpayer must treat a particular                           
            item of income as net earnings from self-employment, we have                               
            consistently stated that the taxpayer must derive the income in                            
            question from a trade or business carried on by the taxpayer.                              
            Newberry v. Commissioner, 76 T.C. 441, 444 (1981); Ray v.                                  
            Commissioner, T.C. Memo. 1996-436.  In other words, there must be                          
            a nexus between the trade or business and the income that the                              
            taxpayer has received.  Newberry v. Commissioner, supra at 444.                            
                  We are satisfied that the value-added payments were derived                          
            from petitioners’ trade or business.  Petitioners, either                                  
            directly or through the sons as their agents, regularly acquired                           
            and delivered option pool corn to MCP which MCP processed and                              
            then marketed and sold for petitioners.  Under the UMAs, MCP was                           






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