- 13 - Respondent argues that petitioner was actively engaged in farming and that the CRP payments had a direct nexus with that operation. Respondent contends that the CRP program was inextricably intertwined with petitioner's trade or business of farming. Section 1.1402(a)-4(d), Income Tax Regs., provides: Except in the case of a real-estate dealer, where an individual or a partnership is engaged in a trade or business the income of which is classifiable in part as rentals from real estate, only that portion of such income which is not classifiable as rentals from real estate, and the expenses attributable to such portion, are included in determining net earnings from self-employment. Thus, because we have determined that the payments qualify as rentals from real estate under section 1402(a)(1), even if such payments were derived from petitioner's farming operations, the payments would not be includable in petitioner's earnings from self-employment. Respondent argues that this case is indistinguishable from Ray v. Commissioner, T.C. Memo. 1996-436. In Ray, the taxpayer, who owned land he used for farming and/or cattle grazing, purchased an additional tract of land which had been enrolled in the CRP program by the prior owner. The taxpayer executed an agreement to continue the CRP contract. The taxpayer did not 8(...continued) income support for farmers". H. Rept. 99-271(I) at 81 (1985), 1985 U.S.C.C.A.N. 1185. We do not think that these concurrent goals change the primary character of the payments received.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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