- 29 - 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 isPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011