Curtis and Mary Ettesvold - Page 3

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            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 a                 






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