- 28 - Commissioner, T.C. Memo. 1994-278 and Lowers v. Commissioner, T.C. Memo. 1991-75, that the “contract value” payments upon termination of a Farmers DMAA constitute ordinary income and not capital gains from the sale of property. In Clark we stated: Under the 1967 Agreement, all * * * rights or privileges for the continuing effectiveness of policies produced on behalf of any of the Companies, including all records pertaining thereto, were and should at all times remain the property of Farmers. The short answer is that petitioner transferred nothing to Farmers. The contract with Farmers was not sold or exchanged, but was terminated. On December 31, 1986, petitioner’s services as a Farmers district manager came to an end. The local agents that petitioner had obtained for Farmers remained, as before, local agents of Farmers. * * * See also Deal v. Commissioner, T.C. Memo. 1973-49 (ordinary income treatment for termination payment by Farmers under earlier form of Farmers DMAA). Like the taxpayers in Clark, Lowers, and Deal, Mr. Farnsworth did not sell any property to Farmers. Farmers owned all the business property used by Mr. Farnsworth. The DMAA between Mr. Farnsworth and Farmers provides: The District Manager understands and agrees that all lists and records of any kind pertaining to policyholders or expirations, and also the information contained therein, are the secret and confidential property of the Companies and shall never be used or divulged, except as specifically authorized by, and for the benefit of, the Companies. The payments Mr. Farnsworth received were expressly in consideration for the termination of the DMAA contract; the payments were not made in return for the transfer of specificPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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