- 16 - their 1987 and 1988 Federal income tax returns. Payments to agricultural producers pursuant to the ASCS constitute taxable income to the recipients. G.A. Stafford & Co. v. Pedrick, 171 F.2d 42 (2d Cir. 1948); Baboquivari Cattle Co. v. Commissioner, 135 F.2d 114 (9th Cir. 1943), affg. 47 B.T.A. 129 (1942); Harding v. Commissioner, T.C. Memo. 1970-179.5 Petitioner has offered no evidence to establish that the subject payments were not made to him or for his benefit. Instead, petitioner has stated that he and his spouse directed the 1987 ASCS payment of $11,198.96 to be applied to his FHA loan. The ASCS payments fall within the broad definition of gross income in section 61. Accordingly, we sustain respondent's determination on this issue. To reflect the foregoing and concessions by respondent, Decision will be entered under Rule 155. 5Sec. 1.61-4(a)(4), Income Tax Regs., provides that farmers using the cash receipts and disbursements method of accounting shall include in gross income for the taxable year "All subsidy and conservation payments received which must be considered as income."Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
Last modified: May 25, 2011