Frederick J. and Ruth Wuebker - Page 10

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               Under the CRP, the Secretary of Agriculture is authorized to           
          enter into long-term contracts with owners or operators of                  
          farmlands to convert highly erodible croplands to soil-conserving           
          uses.  See 16 U.S.C. sec. 3831 (1994), added by the Food Security           
          Act of 1985, Pub. L. 99-198, sec. 1231, 99 Stat. 1509, amended by           
          the Food, Agriculture, Conservation, and Trade Act of 1990, Pub.            
          L. 101-624, sec. 1932(2), 104 Stat. 3577.  Title 16 U.S.C.                  
          section 3833 provides that in return for the contract entered               
          into by an owner or operator of land, the Secretary of                      
          Agriculture will make "annual rental payments" in the amount                
          necessary to compensate for "the conversion of highly erodible              
          cropland normally devoted to the production of an agricultural              
          commodity on a farm or ranch to a less intensive use".  16 U.S.C.           
          sec. 3833(2)(A).                                                            
               Petitioners argue that the CRP payments they received were             
          rent as the term is ordinarily defined.  Petitioners point out              
          the CRP authorizing statute and the CRP contract use of the word            
          "rental".  Petitioners contend that Congress intended for the               
          payments to be excluded from self-employment income because                 
          Congress is presumed to have known that rental income is excluded           
          from self-employment income.                                                
               Respondent counters that the payments received were not                
          rentals from real estate.  We agree with petitioners.                       







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