- 23 - Graves v. Commissioner, 89 T.C. 49, 51 (1987), supplementing 88 T.C. 28 (1987)). Respondent contends that petitioner realized $31,238 in gross income as a result of the FmHA’s discharge of petitioner’s indebtedness during 1990. Respondent does not dispute, for purposes of the section 108(a)(1)(C) exclusion, (1) that the FmHA is a qualified person, see sec. 108(g)(1); (2) that petitioner’s indebtedness was incurred directly in connection with petitioner’s operation of the trade or business of farming, see sec. 108(g)(2)(A); or (3) that petitioner was solvent, see sec. 108(a)(2)(B). Respondent argues, however, that petitioner fails to satisfy the test in section 108(g)(2)(B). See Lawinger v. Commissioner, 103 T.C. 428 (1994). Petitioner testified that for 1987, 1988, and 1989 he earned gross income of approximately $250 per acre multiplied by 270 acres of farmed land, totaling approximately $65,000 per year. According to petitioner, he earned “somewhere in the neighborhood of around $250 an acre for corn” and “just a little less than that” for soybeans. On cross-examination, however, petitioner testified that only 110 acres of that land were “under the irrigator” and the remaining acres were not producing. Petitioner testified further that he kept annual production records as required by the FmHA in order to borrow money but that he could not produce these records at trial because the FmHA hadPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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