Baker v. Comm'r
United States Tax Court
P (husband) entered into "agents agreements" (agreement) with State Farm Insurance Cos. (State Farm) wherein P agreed to write insurance policies exclusively for State Farm. The agreement provided that all property including information about policy holders belonged to State Farm. P's compensation was based on a percentage of net premiums. The agreement also contained detailed provisions for termination.
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P (husband) entered into "agents agreements" (agreement) with State Farm Insurance Cos. (State Farm) wherein P agreed to write insurance policies exclusively for State Farm. The agreement provided that all property including information about policy holders belonged to State Farm. P's compensation was based on a percentage of net premiums. The agreement also contained detailed provisions for termination. P was entitled to a termination payment based on the percentage of policies that either (1) remained in force after termination or (2) were in force for the 12 months preceding termination. P…
1Opinion of the Court
OPINION
Dawson, Judge:1
This case was assigned to Chief Special Trial Judge Peter J. Panuthos pursuant to the provisions of section 7443A(b)(5) and Rules 180, 181, and 183.2 The Court agrees with and adopts the opinion of the Special Trial Judge, which is set forth below.
OPINION OF THE SPECIAL TRIAL JUDGE
Panuthos, Chief Special Trial Judge:
Respondent determined a deficiency in petitioners’ Federal income tax of $2,519 for 1997. All references to petitioner are to Warren L. Baker, Jr.
After a concession by petitioners,3 the issue for decision is whether the termination payment received by…
2Cases cited19 opinions
- Commissioner v. BrownSupreme Court of the United States · 1965
- Hort v. CommissionerSupreme Court of the United States · 1941
- Grodt & McKay Realty, Inc. v. CommissionerUnited States Tax Court · 1981
- Richard M. Boe and Mary Lots Boe v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1962
- Levy v. CommissionerUnited States Tax Court · 1988
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3Cited by5 opinions
- Holdner v. Comm'rUnited States Tax Court · 2010
- Baker v. Comm'rUnited States Tax Court · 2002
- Kennedy v. Comm'rUnited States Tax Court · 2010
- Teague-Lenard v. Comm'rUnited States Tax Court · 2009
- Warren L. Baker, Jr. and Dorris J. Baker v. CommissionerUnited States Tax Court · 2002