Richard D. Hohenstein - Page 15

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          While a sharecropping arrangement is permissible, cash leasing              
          the property to someone else constitutes use of the property by             
          the qualified heir in a passive rental activity, not use of the             
          property as a farm for farming purposes.  Id. at 84; see                    
          Williamson v. Commissioner, supra at 247.                                   
               The omnipresent risk of nonpayment does not suffice to turn            
          a cash lease into an "at-risk" proposition for purposes of                  
          section 2032A.  In Williamson v. Commissioner, 93 T.C. 242                  
          (1989), this Court held that a cash lease between the qualified             
          heir, who lived in California and had inherited a Minnesota farm,           
          and his nephew in Minnesota triggered a recapture tax.  See also            
          Stovall v. Commissioner, 101 T.C. 140 (1993); Fisher v.                     
          Commissioner, T.C. Memo. 1993-139; Shaw v. Commissioner, supra.             
               Moreover, we have routinely found cash leases to nonfamily             
          members to effect a cessation of qualified use, triggering the              
          recapture tax.  In addition to Martin v. Commissioner, 84 T.C.              
          620 (1985), the Court in Hight v. Commissioner, T.C. Memo. 1990-            
          81, found an oral cash lease to be a cessation of qualified use.            
          See also LeFever v. Commissioner, 103 T.C. 525 (1994),                      
          supplemented by T.C. Memo. 1995-321, affd. 100 F.3d 788 (10th               
          Cir. 1996) (holding that cash rental use of the property is not a           
          trade or business and therefore does not constitute a qualified             
          use).                                                                       
               In the instant case, the Nicollet farm was used by unrelated           
          parties pursuant to leases under which the payments did not hinge           




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