- 9 - In examining the arrangement with respect to the production of agricultural products on petitioner's property, therefore, we look not only to the obligations imposed upon petitioner by the leases, but to those obligations that existed within the overall scheme of the farming operations which were to take place on petitioner's property. These include petitioner's obligations as a partner in Mizell Farm pursuant to the partnership agreement, as well as the general understanding between petitioner and his sons with respect to the production of agricultural products on his property. Viewed in this manner, the arrangement provided, or contemplated, that petitioner was to materially participate in the production of agricultural products on the property. Based upon the record as a whole, we find that petitioner and his sons understood and contemplated that petitioner was to "engage to a material degree in the physical work related to the production of * * * [agricultural] commodities" on his property. Sec. 1.1402(a)-4(b)(3)(ii), Income Tax Regs. The partnership agreement required him to do so, as he concedes, and the leases in turn contemplated that he, as a member of the partnership, would materially participate in such production. We further find, taking into consideration the leases, the partnership agreement and the general understanding between the petitioner 4(...continued) including any fixed amount to which the purchaser has a right as a result of contractual arrangements existing at the time of sale."Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011