- 15 - trade or business must be ascertained from a review of all the relevant facts and circumstances. Commissioner v. Groetzinger, supra (“in the absence of guidance, * * * We would defer * * * to the Code’s normal focus on what we regard as a common-sense concept of what is a trade or business”). Neither party addressed directly whether petitioners’ rental of their farm to the sons (rental activity), standing alone, constituted a trade or business for purposes of the self- employment tax. However, respondent appears to have accepted the proposition that income generated by petitioners’ rental activity is not subject to self-employment tax, presumably because of the provisions of section 1402(a)(1).12 Consequently, we focus our analysis on petitioners’ activities with respect to MCP in order to decide whether petitioners were engaged in a trade or business 12Sec. 1402(a)(1) provides that excludable farm rental income includes rent paid in crop shares. Sec. 1.1402(a)-4, Income Tax Regs., provides: Rentals paid in crop shares include income derived by an owner or lessee of land under an agreement entered into with another person pursuant to which such other person undertakes to produce a crop or livestock on such land and pursuant to which (1) the crop or livestock, or the proceeds thereof, are to be divided between such owner or lessee and such other person, and (2) the share of the owner or lessee depends on the amount of the crop or livestock produced. * * * Presumably because the sons leased petitioners’ farm during 1994 and 1995 and paid petitioners a portion of what was produced on the farm as rent, respondent did not determine that the income petitioners reported as farm rental income on Form 4835 was subject to self-employment tax.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011