Richard J. and Phyllis Bot - Page 24




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            required to make value-added payments as further consideration                             
            for the corn delivered by petitioners.  The amount of value-added                          
            payments petitioners received from MCP was based on petitioners’                           
            patronage; i.e., the amount of corn acquired and delivered by                              
            petitioners to MCP during the processing year.                                             
                  In Shumaker v. Commissioner, T.C. Memo. 1979-71, affd. on                            
            this issue and revd. on another ground 648 F.2d 1198 (9th Cir.                             
            1981), we concluded without discussion that patronage                                      
            distributions were subject to self-employment tax under sections                           
            1401 and 1402.  On appeal, the Court of Appeals for the Ninth                              
            Circuit affirmed our conclusion, holding that “patronage                                   
            dividends from farmer’s cooperatives was properly subject to                               
            self-employment tax.”  Shumaker v. Commissioner, 648 F.2d at                               
            1200.                                                                                      
                  Because the value-added payments were directly related to                            
            the volume of corn acquired and delivered by petitioners to MCP                            
            and were paid in consideration for petitioners’ patronage, the                             
            value-added payments had a direct nexus to petitioners’ trade or                           
            business and, consequently, were derived from that trade or                                
            business.  Therefore, unless the exclusion under either section                            
            1402(a)(3) or (2) applies to the value-added payments, those                               
            payments must be included in calculating petitioners’ net                                  
            earnings from self-employment.                                                             








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