Kenneth C. and Elaine Schmidt - Page 5

                                   - NEXTRECORD  -                                    
          income from self-employment and therefore subject to the tax                
          thereon.                     OPINION                                        
               Section 1401 provides that, in addition to other taxes, a              
          tax shall be imposed on the self-employment income of every                 
          individual.  Generally, rentals from real estate are excluded               
          from the computation of net earnings from self-employment.  Sec.            
          1402(a)(1).  There is an exception to the exclusion, however,               
          with respect to:                                                            
               any income derived by the owner or tenant of land if                   
               (A) such income is derived under an arrangement,                       
               between the owner or tenant and another individual,                    
               which provides that such other individual shall produce                
               agricultural * * * commodities * * * on such land, and                 
               that there shall be material participation by the owner                
               or tenant * * * in the production or the management of                 
               the production of such agricultural * * * commodities,                 
               and (B) there is material participation by the owner or                
               tenant * * * with respect to any such * * * commodity.                 
               [Sec. 1402(a)(1).]                                                     
          In other words, if the income is derived under an arrangement               
          which provides for the production of agricultural products on the           
          land of the owner or tenant (the owner), and if the arrangement             
          obligates the owner to materially participate in the production             
          or the management of the production of agricultural commodities,            
          and if the owner actually materially participates in the                    
          production or the management of the production of agricultural              
          commodities, then the income received by the owner pursuant to              
          the arrangement is considered earnings from self-employment.  See           
          sec. 1.1402(a)-4(b)(3)(i), Income Tax Regs.                                 
               "The term 'production' * * * refers to the physical work               




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