Frederick J. and Ruth Wuebker - Page 9

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          there was no agreement to produce or actual production of                   
          agricultural or horticultural commodities on the CRP land.                  
               In determining whether compensation is includable in self-             
          employment income, sections 1401 and 1402 are to be construed               
          broadly so as to favor coverage for Social Security purposes.               
          Braddock v. Commissioner, 95 T.C. 639, 644 (1990).  In order to             
          achieve this end, the rental exclusion is narrowly construed.               
          Johnson v. Commissioner, 60 T.C. 829, 833 (1973).  In Delno v.              
          Celebrezze, 347 F.2d 159, 163 (9th Cir. 1965), the court                    
          considered the parallel provision of the Social Security Act, ch.           
          531, tit. II, sec. 211 (1935), 42 U.S.C. sec. 411(a)(1994), as              
          added by Social Security Act Amendments of 1950, ch. 809, tit. I,           
          sec. 104(a), 64 Stat. 502, and stated:                                      
               The apparent intent of Congress was that section                       
               211(a)(1)[42 U.S.C. sec. 411(a)] should be applied to                  
               exclude only payments for use of space, and, by implication,           
               such services as are required to maintain the space in                 
               condition for occupancy.  If the owner performs additional             
               services of such substantial nature that compensation for              
               them can be said to constitute a material part of the                  
               payment made by the tenant, the "rent" received then                   
               consists in part of income attributable to the performance             
               of labor which is not incidental to the realization of                 
               return from passive investment.  In such circumstances, the            
               entire payment is to be included in computing the                      
               recipient's "net earnings from self-employment."                       
          Rent is ordinarily defined as compensation for the occupancy or             
          use of property.  See Black's Law Dictionary 1297 (6th ed. 1990);           
          see also sec. 1.61-8(a), Income Tax Regs.                                   







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