Richard J. and Phyllis Bot - Page 29




                                               - 29 -                                                  
            not excludable under section 1402(a)(2) in calculating                                     
            petitioners’ net earnings from self-employment.                                            
            IV. Conclusion                                                                             
                  We find that petitioners were engaged in the business of                             
            acquiring, marketing, and selling corn and corn products during                            
            1994 and 1995, and that they derived the value-added payments                              
            from that business.  We hold, therefore, that the value-added                              
            payments of $132,375 and $207,612 in 1994 and 1995, respectively,                          
            reduced by petitioners’ acquisition costs of $18,070 and                                   
            $16,431, respectively, constitute petitioners’ net earnings from                           
            self-employment under section 1402.  However, because respondent                           
            did not move for an increased deficiency in this case, any                                 
            deficiency determined as a result of this opinion may not exceed                           
            the deficiencies determined in the notice of deficiency.                                   
                  We have considered the parties’ other arguments and, to the                          
            extent not herein discussed, find them to be without merit.                                
                  To reflect the foregoing,                                                            

                                                          Decision will be entered                     
                                                    under Rule 155.                                    














Page:  Previous  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  

Last modified: May 25, 2011