Frederick J. and Ruth Wuebker - Page 13

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               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.                




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