5 business was destroyed by fire. The Court found that these "business interruption proceeds" did not constitute self- employment income because the taxpayers' failure (inability) to operate the grocery store business after the fire was what gave rise to the payment of the proceeds: that event caused the complete cessation of business activity. The Court thus deemed that the insurance proceeds did not come from self-employment. The situation presented in Newberry is not present in the instant case. Petitioner Connie Ray was a farmer and rancher and had apparently been so for some years. He owned and operated farmlands in Texas. As an addition to his holdings, he acquired the CRP tract and, by agreement with the CCC, he continued in effect the existing contractual relationship under the CRP program. Under this program, he was required to tend and nourish the land, fight diseases, and control soil erosion. What he could not do is to farm or graze the land. In other words, in return for nurturing and conserving the CRP acreage, but not farming or grazing it, he would and did receive a fee from CCC. Since the CRP acreage was added to his existing farmland, and since petitioner Connie Ray was already in the business of farming and ranching, this was a payment to him in connection with his ongoing trade or business. There is no evidence in the record that the CCC would have included the acreage here in question in the CRP program, and would have paid petitionersPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011