Kenneth C. and Elaine Schmidt - Page 6

                                   - 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 of           






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