Legal Opinion

Bot v. Comm'r

United States Tax Court

Decided February 15, 2002No. 14155-98Published

Ps maintained active memberships in an agricultural cooperative, which processed and sold corn produced by its members. As active members, Ps were obligated to produce and deliver corn to the cooperative regularly, and, during 1994 and 1995, they met that obligation with corn they acquired from a "pool" maintained by the cooperative. The cooperative processed and sold the corn for Ps' benefit and paid to Ps value-added payments for the corn.

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Ps maintained active memberships in an agricultural cooperative, which processed and sold corn produced by its members. As active members, Ps were obligated to produce and deliver corn to the cooperative regularly, and, during 1994 and 1995, they met that obligation with corn they acquired from a "pool" maintained by the cooperative. The cooperative processed and sold the corn for Ps' benefit and paid to Ps value-added payments for the corn. For Federal tax purposes, Ps reported the value-added payments they received during 1994 and 1995 as proceeds from the sale of capital assets and did not…

1Opinion of the Court

RICHARD J. BOT AND PHYLLIS BOT, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Bot v. Comm'r

No. 14155-98

United States Tax Court

118 T.C. 138; 2002 U.S. Tax Ct. LEXIS 8; 118 T.C. No. 8; T.C.M. (RIA) 54653; 83 T.C.M. (CCH) 4352;

February 15, 2002, Filed

Value-added payments not excludable under sections 1402(a)(2) and 1402(a)(3) in calculating petitioners' net earnings from self-employment. Petitioners liable for self-employment tax under section 1402.

Ps maintained active memberships in an agricultural

cooperative, which processed and sold corn produced by its

members. As active members,…

2Cases cited11 opinions

  1. Welch v. HelveringSupreme Court of the United States · 1933
  2. Higgins v. CommissionerSupreme Court of the United States · 1941
  3. Commissioner v. GroetzingerSupreme Court of the United States · 1987
  4. Newberry v. CommissionerUnited States Tax Court · 1981
  5. Jurek v. ThompsonSupreme Court of Minnesota · 1976

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