Edgar L. and Joan H. Parker - Page 6




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          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.                 






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