Richard D. Hohenstein - Page 14

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          the qualified heir may lease the property for cash.  ERTA sec.              
          421, 95 Stat. 306.  This narrow exception (not applicable here)             
          supports the general rule that cash leasing is not an otherwise             
          qualified use.                                                              
               In 1988, another addition to section 2032A expanded the                
          definition of post-death qualified use, enabling a surviving                
          spouse to rent the property to a family member on a net cash                
          basis.  Technical and Miscellaneous Revenue Act of 1988, Pub. L.            
          100-647, sec. 6151, 102 Stat. 3342, 3724.  This provision                   
          indicates yet again that a post-death net cash lease normally               
          constitutes a cessation of qualified use.  See Williamson v.                
          Commissioner, supra at 251.  Congress did not intend to alter the           
          existing general rule that the cash rental of special use                   
          property by any other type of qualified heir would be treated as            
          a recapture event.  See H. Rept. 100-795, at 590 (1988) ("Cash              
          rental of specially valued property is not a qualified use and,             
          therefore, is treated as a recapture event.").                              
               Case law, too, is replete with support for the proposition             
          that post-death cash leasing, in areas other than the narrow                
          statutory exception involving the spouse of the decedent and a              
          family member, constitutes a cessation of qualified use.  Martin            
          v. Commissioner, 783 F.2d 81 (7th Cir. 1986), held that, if farm            
          property is leased, such lease must provide an equity interest              
          for the qualified heir.  In other words, the return to the                  
          qualified heir must substantially depend upon farm production.              




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