Ward AG Products, Inc. - Page 13

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          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. * * *                             



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