Jere J. and Paulette M. Solvie - Page 31

                                       - 31 -                                         
          received pursuant to the modified oral rental arrangement and               
          (2) the oral employment arrangement under which petitioners were            
          to, and did, participate materially in the production by JJ & P             
          Farms, Inc., of agricultural commodities by performing petition-            
          ers’ farm-related activities with respect to, inter alia, pro-              
          cessing hogs through that barn.  On that record, we further find            
          that petitioners have failed to show that the 1995 claimed rent             
          for petitioners’ 800-head capacity hog barn was not derived under           
          an arrangement within the meaning of section 1402(a)(1)(A) and              
          section 1.1402(a)-4(b)(2), Income Tax Regs., between petitioners            
          and JJ & P Farms, Inc., which provided or contemplated, inter               
          alia, that that company was to produce agricultural commodities             
          in that barn and that petitioners were to participate materially            
          in the production of such commodities by processing hogs through            
          that barn.  On the record before us, we hold that petitioners               
          have failed to establish that the 1995 claimed rent for petition-           
          ers’ 800-head capacity hog barn, reduced by the deductions                  
          attributable to such rent, is not subject to self-employment tax            
          because it does not constitute includible farm rental income and            
          therefore is not net earnings from self-employment under section            
          1402(a)(1).                                                                 
               We have considered all of the contentions and arguments of             
          the parties that are not discussed herein, and we find them to be           
          without merit, irrelevant, and/or moot.                                     






Page:  Previous  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  Next

Last modified: May 25, 2011