- 21 - 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 thisPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011