Ricky Schmidt and Suzetta J. Schmidt - Page 7

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          Hillside Dairy was to receive all of the gross proceeds from the            
          sales of crops grown on the farm, as well as all payments                   
          received under Federal conservation programs (or any other                  
          Federal, State, or local governmental programs).  Hillside Dairy            
          supplied all of the fertilizer, chemicals, and seed necessary to            
          plant and treat the crops.5                                                 
               Mr. Schmidt agreed (1) to farm the land; (2) to protect the            
          crops from injury and waste; (3) to till the land after                     
          harvesting the crops; and (4) to rotate the crops from year to              
          year.  Hillside Dairy agreed to furnish all tools, farm                     
          implements, machinery, and hired help necessary to cultivate and            
          manage the farm.  Hillside Dairy agreed to furnish all necessary            
          materials, and the Schmidts agreed to supply all necessary labor,           
          to maintain all fences and other improvements.                              
               Mr. Schmidt was permitted to use the corporation’s combine             
          and tractor on the land he owned individually.  He also had use             
          of one of the pastures.                                                     
          D.   Mr. Schmidt’s Separate Farming Activity                                
               During the years at issue, Mr. Schmidt individually (and not           
          as an employee of Hillside Dairy) farmed land that was not owned            
          by Hillside Dairy.  He kept his personal grain separate from that           

               5Although a contradictory provision required Mr. Schmidt to            
          “provide all seed, labor, and other expenses of producing,                  
          harvesting, and marketing crops”, Hillside Dairy in fact paid all           
          those expenses and deducted the costs in computing its income.              






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