- 3 - arrangement that requires the material participation of the owner or tenant in the production or management of the agricultural or horticultural commodities on the rented land. Section 1402(a)(1) provides that in computing the income to be included in “net earnings from self- employment”: there shall be excluded rentals from real estate and from personal property leased with the real estate (including such rentals paid in crop shares) together with the deductions attributable thereto, unless such rentals are received in the course of a trade or business as a real estate dealer; except that the preceding provisions of this paragraph shall not apply to any income derived by the owner or tenant of land if (A) such income is derived under an arrangement, between the owner or tenant and another individual, which provides that such other individual shall produce agricultural or horticultural commodities (including livestock, bees, poultry, and fur- bearing animals and wildlife) on such land, and that there shall be material participation by the owner or tenant (as determined without regard to any activities of an agent of such owner or tenant) in the production or management of the production of such agricultural or horticultural commodities, and (B) there is material participa- tion by the owner or tenant (as determined without regard to any activities of an agent of such owner or tenant) with regard to any such agricultural or horticultural commodity * * * Petitioners filed a petition for redetermination of the deficiencies determined by respondent. While the case was pending, petitioners mailed a document purporting to be aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011