- 9 - by the written lease, "but to those obligations that existed within the overall scheme of the farming operations which were to take place" on their property. Mizell v. Commissioner, T.C. Memo. 1995-571. (Emphasis supplied.) These include petitioners' obligations as longstanding participants in the farming business as well as the "general understanding between * * * [petitioners and McNamara Farms] with respect to the production of agricultural products". Id. Viewed in this light, the arrangement between petitioners and McNamara Farms provided, or contemplated, that petitioners materially participate in the production of agricultural commodities on the farmland. Mr. McNamara was candid as is evident from the following question during direct examination: Q. And what do you do for McNamara Farms? A. I operate the farm. I run the farm from planting to harvest. Mr. McNamara claimed he made all the management decisions. Mr. McNamara asserted that his wife "was a homemaker and ran when she was needed for, you know, meals or parts." Before incorporation, Mrs. McNamara did not do the bookkeeping, but otherwise performed the duties outlined above. Mr. McNamara tried to downplay his wife's participation. Mrs. McNamara did not appear in Court, even though petitioners' trial memorandum stated that both parties would testify. Under these circumstances, we are notPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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