Sandy Lake Road Limited Partnership, J. Steve Anderson III, Tax Matters Partner - Page 13

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          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, but                




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