- NEXTRECORD - performed and the expenses incurred in producing a commodity * * * [and] includes such activities as the actual work of planting, cultivating, and harvesting crops, and the furnishing of machinery, implements, [and] seed". Sec. 1.1402(a)-4(b)(3)(ii), Income Tax Regs. Respondent contends that the payments received by petitioners under the contracts do not represent rentals from real estate, but rather represent compensation for petitioner's services in producing the beet crop. In the alternative, respondent contends that if the payments received by petitioners are rentals from real estate, then such payments were received under an arrangement obligating petitioner to materially participate in the production of beets, and that petitioner did materially participate in such production. Upon examination of the facts in this case, we are convinced that petitioner was obligated to and did materially participate in the production of beets on his farm. The contracts between Dean Foods and petitioner called for petitioner to supply the "machinery, labor, and other facilities necessary for production of canning beets". Indeed, petitioner supplied most of the necessary farm equipment and undertook all of the labor necessary to produce beets on his farm, including: plowing, tilling and fertilizing the beet field, planting the beets, applying herbicide, cultivating, harvesting, and arranging for delivery ofPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011