Frederick J. and Ruth Wuebker - Page 1

                                   110 T.C. No. 31                                    


                               UNITED STATES TAX COURT                                


                    FREDRICK J. AND RUTH WUEBKER, Petitioners v.                      
                    COMMISSIONER OF INTERNAL REVENUE, Respondent                      


               Docket No. 11472-96.             Filed June 23, 1998.                  


                    P executed a contract enrolling his farmland for                  
               10 years in the Conservation Reserve Program.  Food                    
               Security Act of 1985, Pub. L. 99-198, 99 Stat. 1509-                   
               1514, current version at 16 U.S.C. secs. 3831-3836                     
               (1994).  P agreed to remove the farmland from                          
               production and was required to establish vegetative                    
               cover on such land during the first year of the                        
               contract.  P was required to maintain established                      
               conservation practices throughout the term of the                      
               contract, and, in return, P received annual rental                     
               payments.                                                              
                    Held:  Annual payments received by P under the                    
               contract were rentals from real estate and therefore                   
               not subject to self-employment tax under secs. 1401 and                
               1402, I.R.C.                                                           







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