- 5 - 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 thePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011