- 13 - State and local real property taxes, and therefore must be dealt with as expenses which are clearly and directly allocable to portfolio income. Respondent also argues that the attorney's fee must be dealt with in a similar manner. We agree with respondent for the reasons which follow. Under Texas law, there are two distinct constitutional and statutory provisions concerning the valuation of land devoted to agricultural use for ad valorem tax purposes. In order to qualify as agricultural use property under section 1-d, Tex. Const. Art. 8 (the agricultural use provision), a business venture for profit is required, and the business must be the primary occupation and source of income of the owner. To qualify under section 1-d-1, Texas Const. Art. 8 (the open-space provision), the property must be currently devoted principally to agricultural use to the degree of intensity generally accepted in the area and must have been so devoted for 5 of the preceding 7 years. See also Tex. Tax Code Ann. secs. 23.41-23.46 (West 1992). The principal difference between the two provisions is that open-space classification does not require that agriculture be the primary occupation and primary source of income of the owner. Section 1.164-3, Income Tax Regs., defines a real property tax as follows: (b) Real property taxes. The term "real property taxes" means taxes imposed on interests in real property and levied for the general public welfare, butPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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