- 14 - farm the property, but he applied herbicide and shredded natural grasses to the property. After considering the provisions of Rev. Rul. 60-32, 1960-1 C.B. 23, the Court found that the taxpayer was an "active farmer/rancher" with respect to other acreage. The Court regarded the payments as having a direct nexus to his trade or business of farming, and, on this basis, the Court held that the payments were subject to self-employment taxes. In Ray v. Commissioner, supra, the Court did not address whether the payments qualified under the rental exclusion provisions of section 1402(a)(1). In contrast, because we have found that the CRP payments herein are rentals, such payments are not subject to self-employment taxes even if a nexus exists between the CRP payments and petitioner's farming trade or business. In Rev. Rul. 60-32, supra, the Internal Revenue Service (IRS) ruled that certain payments received under the Soil Bank Act, title I of the Agricultural Act of 1956, ch. 327, 70 Stat. 188 (formerly 7 U.S.C. 1801), were includable in gross income and concluded that such payments were "in the nature of receipts from farm operations in that they replace income which producers could have expected to realize from the normal use of the land devoted to the program." Rev. Rul. 60-32, 1960-1 C.B. at 25. Without any further analysis, the IRS ruled that the payments andPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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