- 4 - farmed the property and produced cotton, rice, and soybeans as partners in Mizell Farm pursuant to the leases that Mizell Farm had entered into with petitioner. Mizell Farm was responsible for all of the expenses related to raising and harvesting the crops. Petitioner derived rental income for each of the years in issue pursuant to the leases. The actual amount of the rental income received was based upon the level of sales of the agricultural products by the partnership. Although petitioner included in his income the rents received pursuant to the leases, he did not treat such income as earnings from self-employment. As of the date of trial, petitioner had not leased the property to a non-related entity or person. OPINION Section 1401 provides that, in addition to other taxes, a tax shall be imposed on the self-employment income of every individual. Generally, rentals from real estate are excluded from the computation of net earnings from self-employment. Sec. 1402(a)(1). There is an exception to the exclusion, however, with respect to: any income derived by the owner or tenant of land if (A) such income is derived under an arrangement, between the owner or tenant and another individual, which provides that such other individual shall produce agricultural * * * commodities (including livestock * * *) on such land, and that there shall be material participation by the owner or tenant * * * in the production or the management of the production of such agricultural * * * commodities, and (B) there is material participation by the owner or tenant * * * with respect toPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011