- 6 - event, such as policy cancellations or failures to collect premiums. Following cancellation of the agreement, petitioner received payments from the companies of $439,656, $212,466, and $106,233, in 1996, 1997, and 1998, respectively (collectively, the payments). Petitioners reported the payments as income from an installment sale, from the sale of “Insurance Agency”, subject to the favorable long-term capital gains rates. Discussion The principal adjustments giving rise to the deficiencies in question are respondent’s reclassifications of the payments, reported by petitioners as installment sale gains (subject to the favorable long-term capital gains rates), as ordinary income subject to self-employment taxation.1 Other adjustments made by respondent are derivative of those adjustments and are not a matter of dispute between the parties. We have addressed adjustments similar to the principal adjustments on other occasions, e.g., Farnsworth v. Commissioner, T.C. Memo. 2002-29; Schelble v. Commissioner, T.C. Memo. 1996-269, affd. 130 F.3d 1388 (10th Cir. 1997), and the rules are relatively clear. We 1 Notwithstanding that the agreement appears to contemplate that contract value would be paid in four equal semi annual installments, the parties appear to agree that the payments (in their varying amounts) constitute the installment payments of contract value. We shall proceed based on that assumption.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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