Frederick J. and Ruth Wuebker - Page 6

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          1991 petitioners owned approximately 40,000 laying hens.  By 1997           
          this number had increased to approximately 57,000.                          
               Petitioner received CRP payments in the amount of $18,190 in           
          1992.  In the same year petitioner received cost-share payments             
          for establishing ground cover on the CRP land.2  In 1993, he                
          received CRP payments totaling $18,267.                                     
               In 1992, Mrs. Wuebker began attending college, and, in 1993,           
          she was employed part-time.                                                 
               On Schedule E of the returns for 1992 and 1993, petitioners            
          reported rents received on the CRP land, less mortgage interest             
          and taxes,3 as farm rental income not subject to self-employment            
          taxes.  For 1992, petitioners included the cost-share payments              
          received with respect to the CRP land on Schedule F, Profit or              
          Loss From Farming.4  Petitioners paid self-employment taxes with            
          respect to petitioner’s reported net profit from farming.                   
               In the notice of deficiency, respondent determined that the            
          amounts received by petitioner under the CRP contract, less the             



          2    On the record, the amount of such payments is not clear.               
          3    In 1992, petitioners did not claim a deduction for taxes on            
          Schedule E.                                                                 
          4    The parties stipulated that petitioners reported the CRP               
          contract payments and related expenses on Schedule E for the                
          taxable years 1992 and 1993.  To the extent that this stipulation           
          is contrary to the facts revealed on the record, we are not bound           
          by it.  Cal-Maine Foods, Inc. v. Commissioner, 93 T.C. 181, 195             
          (1989).                                                                     




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