- 13 - Maple Leaf Farms, Inc. v. Commissioner, supra at 447-448 (defining a farm); secs. 1.61-4(d),5 1.175-3,6 Income Tax Regs. A corporation that cultivates, operates, or manages a farm for profit is a farmer. Maple Leaf Farms, Inc. v. Commissioner, supra at 447; sec. 1.61-4(d), Income Tax Regs. Petitioner did not cultivate, operate, or manage a farm for profit as an owner or tenant. Ward regularly visited farms and gave advice and financial help to farmers. However, neither petitioner nor Ward operated a farm as an owner or a tenant. Petitioner's business was merchandise sales, not farming. Petitioner contends that it was as involved in farming as any Hastings farmer. Petitioner also contends that it bore a 5 Sec. 1.61-4(d), Income Tax Regs., provides in part: (d) Definition of "farm". As used in this section, the term "farm" embraces the farm in the ordinarily accepted sense, and includes stock, dairy, poultry, fruit, and truck farms; also plantations, ranches, and all land used for farming operations. All individuals, partnerships, or corporations that cultivate, operate, or manage farms for gain or profit, either as owners or tenants, are designated as farmers. * * * 6 Sec. 1.175-3, Income Tax Regs., provides in part: A taxpayer is engaged in the business of farming if he cultivates, operates, or manages a farm for gain or profit, either as owner or tenant. For the purpose of section 175, a taxpayer who receives a rental (either in cash or in kind) which is based upon farm production is engaged in the business of farming. However, a taxpayer who receives a fixed rental (without reference to production) is engaged in the business of farming only if he participates to a material extent in the operation or management of the farm. * * *Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011