Connie D. Ray and Roma Kay Ray - Page 5

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          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 petitioners                






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