- 41 - none of decedent's individual income tax returns for 1989-93 (the only income tax returns of decedent in the record) reports any income or loss from a partnership. Finally, we note that for the fiscal years ending in February 1985 and February 1986, almost all family farm income reported by Garry’s estate was rental income. For the fiscal years ending in 1987 through 1993, the estate reported its farm income simply as “other income”, but it also reported that the principal activity of the family farm was “land rental”. For the fiscal year ending in February 1994, the estate reported its farm income on Form 4835, Farm Rental Income and Expenses. At trial, Donald Hendrickson testified that in 1984 or 1985 he began farming various portions of the family farm land formerly rented to tenant farmers, and that by 1992 he was farming almost all of the family farm land. He also testified that the other children and he were conducting this farming as “tenants”. All these facts strongly suggest that there was no family farm partnership of any kind among decedent and the children, much less a partnership that conducted the farming operations on the family farm land. However, even if we assume that a farm partnership existed in the form claimed by petitioner--and also assume that decedent transferred her net investment income to that partnership--decedent’s transfers would not meet the "bonaPage: Previous 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 Next
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