Dennis O. Fultz and Linda G. Fultz - Page 10

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          from MCP.  The Fultz Farms payments were made after the issuance            
          of the MCP value-added checks to petitioners.  Netted across the            
          years, respondent’s adjustments appear to be lower than the                 
          amounts petitioners received from MCP.  Petitioners do not                  
          contest respondent’s adjustment calculations.  We accept these              
          adjustments as a partial concession by respondent.  However, our            
          holding is based upon the original payments from MCP to                     
          petitioners, not petitioners’ relationship with Fultz Farms.                
               Respondent also made an adjustment increasing petitioners’             
          income tax deduction equal to one-half of the amount of                     
          petitioners’ self-employment tax for each of 1993, 1994, and                
          1995.                                                                       
                                       OPINION                                        
               This case presents the question whether value-added payments           
          petitioners received from MCP, a Minnesota agricultural                     
          cooperative, are subject to self-employment tax under section               
          1401(a).  Payments from MCP have previously been the subject of             
          decisions of this Court and the Court of Appeals for the Eighth             
          Circuit, where an appeal of this case would lie.  In Bot v.                 
          Commissioner, 118 T.C. 138 (2002), affd. 353 F.3d 595 (8th Cir.             
          2003), this Court held and the Court of Appeals affirmed that               
          value-added payments received by members of MCP were subject to             









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