Michael and Nancy McNamara - Page 8




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          payments received by husband-wife farmers from a corporation were           
          earnings from self-employment subject to the self-employment tax.           
               In light of all the facts and circumstances, we must decide            
          whether petitioners received rental income from McNamara Farms              
          pursuant to an "arrangement" between the parties to produce                 
          agricultural commodities on the farm within the meaning of                  
          section 1402(a)(1)(A).                                                      
               In Mizell v. Commissioner, T.C. Memo. 1995-571, this Court             
          explained that:                                                             
               The word "arrangement" is defined as an agreement.                     
               Webster's Third New International Dictionary 120 (1993).               
               While the concept of an agreement certainly includes a                 
               contractual agreement, it is a broader concept that would              
               also include other forms of agreements not necessarily                 
               arising from strict contractual relationships.  Consistent             
               with its dictionary definition, in most of the instances               
               where it is used in the Internal Revenue Code, the word                
               "arrangement" refers to some general relationship or overall           
               understanding between or among parties in connection with a            
               specific activity or situation.  Generally, it is not                  
               limited only to contractual relationships, or used in a way            
               that suggests that its terms and conditions must be included           
               in a single agreement, contractual or otherwise.  Congress             
               obviously recognized a distinction between a contract and              
               the broader concept of an "arrangement", as is evident from            
               those sections of the Internal Revenue Code that make                  
               reference to both.  * * *                                              
               McNamara Farms used the farmland to produce agricultural               
          commodities such as corn, soybeans, seed corn, sweet corn, and              
          sugar beets.  With respect to whether under the arrangement                 
          petitioners were to materially participate in the farming                   
          operations, we look not only to the obligations imposed upon them           






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