Earl M. Hasbrouck and Donna M. Hasbrouck - Page 21

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                    of highly erodible cropland may enter into a long-                
                    term contract with the Secretary of Agriculture                   
                    providing for conversion to a less intensive use                  
                    of that cropland.  By contracting with the U.S.                   
                    Department of Agriculture, Agriculture                            
                    Stabilization Conservation Service (“ASCS”) not to                
                    place farm land into production, the farmer                       
                    foregoes the possibility of generating farm income                
                    by growing crop and selling.  In re Welch, 74 B.R.                
                    401, 403 (Bankr.S.D.Ohio 1987); In re Shepard, 75                 
                    B.R. 501, 504 (Bankr.N.D.Ohio 1987).”                             
                    Title 16 of the U.S. Code specifically designates                 
                    these payments as rental payments.  Once the CRP                  
                    Contract is in place, the regulations require that                
                    if the property is sold or transferred, the new                   
                    owner of the property has the right to terminate                  
                    the CRP Contract.  See 7 C.F.R. section 704.21; In                
                    re Waters, 90 B.R. 946 (Bankr.N.D.Iowa 1988).                     
                    The next question, however is whether an                          
                    individual is in a trade or business.  In a                       
                    similar situation, an individual owned 160 acres                  
                    of farm land of which approximately 120 acres was                 
                    tillable.  The farmer then placed 116.9 acres in                  
                    the CRP Program.  In this case, the Service                       
                    determined that the individual had retired from                   
                    farming.  Private Letter Ruling 8822064.  Thus,                   
                    absent any other facts, should an individual                      
                    purchase farm land already in the CRP Program and                 
                    owns no other operating farm land, the Service                    
                    will more than likely determine that the                          
                    individual is not in the trade or business of                     
                    farming since there is not material participation                 
                    occurring with respect to such commodity.                         
                              *   *   *   *   *   *   *                               
               There is nothing further I can do for you.  As I                       
               explained in my April 5, 1996, letter to you, the IRS                  
               problem resolution program cannot take the place of                    
               normal appeals channels.  Since you chose not to                       
               resolve this matter with IRS Appeals Officer Anita                     
               Teichrow, you must decide if you wish to petition the                  
               U.S. Tax Court.  You must do so within the 90-day                      
               statutory period.  If you petition the U.S. Tax Court,                 
               IRS District Counsel will again attempt to resolve this                





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