Richard J. and Phyllis Bot - Page 26




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            pool corn they purchased to satisfy their production and delivery                          
            obligations under the UMAs qualifies as a capital asset.  Rather,                          
            it is the character of the property sold that controls the                                 
            analysis under section 1402(a)(3).                                                         
                  Section 1221 defines capital asset broadly as “property held                         
            by the taxpayer (whether or not connected with his trade or                                
            business)” but excludes from that definition property described                            
            in section 1221(a)(1) through (5).  The exclusions include stock                           
            in trade of the taxpayer, other property of a kind normally                                
            includable in inventory if on hand at the close of the taxable                             
            year, and property held primarily for sale to customers in the                             
            ordinary course of the taxpayer’s trade or business.  Sec.                                 
            1221(a)(1); see also sec. 1402(a)(3)(C).                                                   
                  In this case, the property sold was corn and corn products.                          
            The corn in question was acquired by petitioners to satisfy their                          
            production and delivery obligations under the UMAs so that the                             
            corn and any resulting corn products could be sold by MCP on                               
            petitioners’ behalf to customers in the ordinary course of                                 
            petitioners’ business.  The value-added payments resulted from                             
            those sales.  We hold, therefore, that the value-added payments                            
            are not excludable under section 1402(a)(3) in calculating                                 
            petitioners’ net earnings from self-employment.                                            
                  C.  Section 1402(a)(2)                                                               
                  Petitioners alternatively argue that, if the exclusion under                         






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Last modified: May 25, 2011