- 14 - 333.12 In reliance on McNamara II, petitioners contend that the Johnsons are receiving fair market value rental payments. Although this may result in little or no other compensation being paid to the taxpayers for the services they provide to the corporation, this does not establish the required nexus between the rental pay- ments and the material participation required to trig- ger the inclusion of the payments within the definition of self-employment income. To the contrary, adoption of the Commissioner’s position would compel the conclu- sion that the taxpayers, as landlords, are required to rent property to the corporation at below fair market value and below the rates paid to third parties. The “missing link” in the Commissioner’s argument is the same as in the McNamara case: the corporation’s obli- gation to make the rental payments is separate and distinct from the taxpayers’ participation in the farming operation. Respondent counters that McNamara II does not require the result advocated by petitioners in the instant case. Respondent argues that The Eighth Circuit in McNamara * * * created a judicial exception for fair rental value when the landlord has two independent arrangements with the lessee for rent and wages and there is no nexus between the two arrangements. Petitioners fail to meet the Eighth Circuit’s standard because they failed to enter into a separate employment agreement with their corporation, and to the extent they did, it was so inextricably interrelated with the oral lease that the nexus is obvious and cannot be overlooked. Petitioners’ classification of all funds from the corporation as rent and none as wages demonstrates that there were not independent arrangements with respect to real estate rentals and compensation for services. Moreover, the transaction 12We shall refer to our respective opinions that the Court of Appeals for the Eighth Circuit reversed and remanded as Bot I, Hennen I, and McNamara I and to the opinion of that Court as McNamara II.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011