Jere J. and Paulette M. Solvie - Page 20

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               tence of an arrangement requiring and resulting in                     
               material participation in agricultural production does                 
               not automatically transform rents received by the                      
               landowner into self-employment income.  It is only                     
               where the payment of those rents comprise part of such                 
               an arrangement that such rents can be said to derive                   
               from the arrangement.                                                  
                    Rents that are consistent with market rates very                  
               strongly suggest that the rental arrangement stands on                 
               its own as an independent transaction and cannot be                    
               said to be part of an “arrangement” for participation                  
               in agricultural production.  Although the Commissioner                 
               is correct that, unlike other provisions in the Code,                  
               � 1402(a)(1) contains no explicit safe-harbor provision                
               for fair market value transactions, we conclude that                   
               this is the practical effect of the “derived under”                    
               language.                                                              
          McNamara v. Commissioner, 236 F.3d at 412-413.                              
               The Court of Appeals for the Eighth Circuit remanded Bot I,            
          Hennen I, and McNamara I in order to provide the Commissioner of            
          Internal Revenue the opportunity to show that a connection                  
          existed between the respective rents and the respective employ-             
          ment agreements or arrangements involved in those cases.  On                
          remand, the respective parties in Bot I, Hennen I, and McNamara I           
          declined our invitation to conduct additional trials.  As a                 
          result, we found that the rent at issue in each of those cases              
          was at or below market rates and decided that no deficiency in              
          self-employment tax existed in any of those cases.                          
               In Golsen v. Commissioner, 54 T.C. 742, 757 (1970), affd.              
          445 F.2d 985 (10th Cir. 1971), we concluded that we would follow            
          a Court of Appeals opinion which is squarely in point where                 
          appeal from our decision would lie to that Court of Appeals and             





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