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approximately 156 acres) agreed to a 3-year term at $19,578 per
annum, payable in single installments due on or before May 1 of
each year. None of the payments for the leases at issue depended
upon farm production.
Prior to entering into the cash leases in March 1991,
petitioner asked two local attorneys whether such an arrangement
would be permissible under the terms and conditions of the
Agreement. Hohenstein was advised that cash leases came within
the ambit of section 2032A.
Despite his physical limitations, petitioner remains alert
and suffers no mental incapacities. His back injury would not
have prevented him from entering into a sharecropping arrangement
for the Nicollet farm.
On April 21, 1994, for reasons not set forth in the record,
petitioner submitted an amended United States Additional Estate
Tax Return, Form 706-A, reporting additional estate tax due under
section 2032A(c) of $64,159 stemming from the cash leases of the
subject property. Although this amount was paid (with interest,
for a total of $78,248.15), it had not yet been assessed. In
connection with the receipt of this payment, respondent issued a
Certificate of Release of Federal Estate Tax Lien with respect to
the subject property on May 12, 1994.
On September 2, 1994, respondent timely mailed a statutory
notice of deficiency to petitioner for the period ending March
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