- 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
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