Earl M. Hasbrouck and Donna M. Hasbrouck - Page 29

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          return; (7) petitioners earned substantial amounts of income from           
          sources other than their farming activity for the years in issue;           
          and (8) petitioners incurred significant losses from their                  
          farming activity during the years in issue which they used to               
          offset their other income.                                                  
               From the foregoing facts, we do not consider it unreasonable           
          for respondent to have concluded that petitioners' activities in            
          connection with the property did not constitute a trade or                  
          business during the years in issue.  Accordingly, we find that              
          respondent’s position had a reasonable basis in fact.                       
               Petitioners also contend that respondent's position was not            
          substantially justified in law because it is inconsistent with              
          positions taken by the Commissioner in two private letter rulings           
          and Ray v. Commissioner, T.C. Memo. 1996-436.                               
               The rulings consider whether CRP payments were includable in           
          the taxpayers' net earnings from self-employment and therefore              
          subject to the self-employment tax imposed by section 1401.  The            
          Commissioner's conclusions regarding the nature of the CRP                  
          payments, as articulated in the rulings, were dependent upon                
          factual determinations focusing on whether the taxpayers                    
          materially participated in the trade or business of farming                 
          during the relevant years.  The private letter rulings do not               
          stand for the proposition that a taxpayer is actively engaged in            
          the trade or business of farming merely because the taxpayer is             





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