Orin F. Farnsworth and Mary L. Farnsworth - Page 28




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          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 specific               





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