Lee Mizell and Pearlene Mizell - Page 5

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                  any such * * * commodity * * *  [Sec. 1402(a)(1); emphasis                          
                  added.]                                                                             
                  In other words, if the rental income is derived under an                            
            arrangement which provides for the production of agricultural                             
            products on the land of the owner or tenant (the owner) and                               
            further obligates the owner to materially participate in the                              
            production or the management of the production of agricultural                            
            commodities, and the owner actually materially participates in                            
            the production or the management of the production of                                     
            agricultural commodities, then the rental income received by the                          
            owner pursuant to the arrangement is considered earnings from                             
            self-employment.  See sec. 1.1402(a)-4(b)(3)(i), Income Tax Regs.                         
            The parties do not dispute this proposition.  They further agree                          
            if one or more of the above elements is missing, the rental                               
            income would be excluded from the definition of self-employment                           
            income.                                                                                   
                  In this case, the parties have stipulated that the leases                           
            provide for the production of agricultural products on the                                
            property by the partnership, that agricultural products were                              
            produced on the property by the partnership during the years in                           
            issue, and that petitioner materially participated in the                                 
            production of the agricultural products.  Further, petitioner                             
            agrees that as a partner in Mizell Farm, he was obligated to                              
            materially participate in the production of agricultural products                         
            on his property.  Notwithstanding the above, petitioners take the                         





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