Frederick J. and Ruth Wuebker - Page 14

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          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 and                   







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