Eric D. Fultz and Sandra A. Fultz - Page 11

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          maintain that once Fultz Farms was incorporated, they no longer             
          had the assets and ability needed to grow the corn required by              
          Mr. Fultz’s equity participation in MCP.  Petitioners represent             
          that Fultz Farms assumed the obligation to produce the corn for             
          MCP pursuant to the lease, and the payments they personally                 
          received from Fultz Farms were akin to the rent on the farm real            
          estate paid to them by Fultz Farms.  Accordingly, petitioners               
          argue they were not subject to self-employment tax.  See McNamara           
          v. Commissioner, 236 F.3d 410 (8th Cir. 2000), revg. T.C. Memo.             
          1999-333.                                                                   
               This dispute is simply stated as whether the lease                     
          arrangement with Fultz Farms precludes the inclusion of the MCP             
          value-added payments in Mr. Fultz’s self-employment income.                 
          There are several aspects of the UMAs with MCP and the facts                
          regarding the MCP payments that present impediments to                      
          petitioners’ position.                                                      
               To purchase units in MCP, the purchaser was required to own            
          stock in MCP.  Mr. Fultz owned the MCP stock; Fultz Farms did               
          not.  Mr. Fultz entered into the UMAs with MCP which appointed              
          MCP as his agent, and he agreed to deliver the requisite                    
          quantities of corn to MCP each year.  Fultz Farms was not a party           
          to any agreement with MCP.  In his agreement with MCP, Mr. Fultz            









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