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1995

Agricultural Law Digest

Articles 1 - 30 of 51

Full-Text Articles in Law

Index To Volume 6, Nos. 13-24, Agricultural Law Digest Dec 1995

Index To Volume 6, Nos. 13-24, Agricultural Law Digest

Agricultural Law Digest

No abstract provided.


Cases, Regulations And Statutes, Robert P. Achenbach Jr. Dec 1995

Cases, Regulations And Statutes, Robert P. Achenbach Jr.

Agricultural Law Digest

No abstract provided.


Gifts Of Commodities To Charities, Neil Harl Dec 1995

Gifts Of Commodities To Charities, Neil Harl

Agricultural Law Digest

For farm and ranch taxpayers, gifts of commodities to charitable organizations or family members have become an attractive way to reduce self-employment tax and, for noncharitable donees, to convert what would otherwise be ordinary income into capital gain. Although two private letter rulings, one issued in 1991 and one in 1992, disapproved the gifts of soybeans to the spouses, and have dampened enthusiasm for such transfers, gifts to other family members and to charitable organizations seem to be gaining in popularity.


Cases, Regulations And Statutes, Robert P. Achenbach Jr. Dec 1995

Cases, Regulations And Statutes, Robert P. Achenbach Jr.

Agricultural Law Digest

No abstract provided.


Distributing U.S. Government Savings Bonds, Neil Harl Dec 1995

Distributing U.S. Government Savings Bonds, Neil Harl

Agricultural Law Digest

Series E and HH US. Government savings bonds pose difficult and troublesome challenges in planning. First, taxpayers on the cash method of accounting have the option of reporting their interest currently for income tax purposes or deferring payment of income tax on the interest until the bonds are redeemed. Deferral of income tax payment on accrued Series E bond interest appears to have been a common practice with farm families. Second, for taxpayers on the cash method of accounting who do not report the increment of increase in value of Series E bonds as taxable income, the increment in value ...


Eligibility Of Landlords To Claim Expense Method Depreciation, Neil Harl Nov 1995

Eligibility Of Landlords To Claim Expense Method Depreciation, Neil Harl

Agricultural Law Digest

With the increase in the expense method depreciation allowance from $10,000 to $17,500 per year (on a joint return) beginning in 1993, the issue of availability of expense method depreciation to landlords has taken on added importance.


Cases, Regulations And Statutes, Robert P. Achenbach Jr. Nov 1995

Cases, Regulations And Statutes, Robert P. Achenbach Jr.

Agricultural Law Digest

No abstract provided.


Cases, Regulations And Statutes, Robert P. Achenbach Jr. Nov 1995

Cases, Regulations And Statutes, Robert P. Achenbach Jr.

Agricultural Law Digest

No abstract provided.


Do Farm Tenants Have Income From Residence Provided By Landlord?, Neil Harl Nov 1995

Do Farm Tenants Have Income From Residence Provided By Landlord?, Neil Harl

Agricultural Law Digest

Recent audits by the Internal Revenue Service have raised once again the question of whether rent-free occupancy of a residence provided by the landlord produces imputed income for the tenant. The question has been raised periodically over the past several decades.


Issue Index, Agricultural Law Digest Nov 1995

Issue Index, Agricultural Law Digest

Agricultural Law Digest

No abstract provided.


Deferred Payment Sales Of Livestock, Neil Harl Oct 1995

Deferred Payment Sales Of Livestock, Neil Harl

Agricultural Law Digest

Two different approaches are available to farmers and ranchers who wish to defer income beyond the year of disposition. The two approaches differ in several respects including eligibility for use with livestock sales.


Cases, Regulations And Statutes, Robert P. Achenbach Jr. Oct 1995

Cases, Regulations And Statutes, Robert P. Achenbach Jr.

Agricultural Law Digest

No abstract provided.


Issue Index, Agricultural Law Digest Oct 1995

Issue Index, Agricultural Law Digest

Agricultural Law Digest

No abstract provided.


Cases, Regulations And Statutes, Robert P. Achenbach Jr. Oct 1995

Cases, Regulations And Statutes, Robert P. Achenbach Jr.

Agricultural Law Digest

No abstract provided.


Deducting Mortgages On Joint Tenancy Property, Neil Harl Oct 1995

Deducting Mortgages On Joint Tenancy Property, Neil Harl

Agricultural Law Digest

The "fractional share" rule for joint tenancy property, which was enacted initially in 1976 and became fully effective for deaths after 1981, has generated a problem for deductibility of mortgage obligations on the property involved. Careful planning attention should be given to the situation if problems of deductibility are to be avoided.


Cases, Regulations And Statutes, Robert P. Achenbach Jr. Sep 1995

Cases, Regulations And Statutes, Robert P. Achenbach Jr.

Agricultural Law Digest

No abstract provided.


Reacquiring The Residence From A Grit, Neil Harl Sep 1995

Reacquiring The Residence From A Grit, Neil Harl

Agricultural Law Digest

The Grantor Retained Income Trust (GRIT) has been used only rarely in farm and ranch estate planning, partly because of uncertainties associated with how death would impact the arrangement. What use has been made of GRITS has often involved the residence.


Cases, Regulations And Statutes, Robert P. Achenbach Jr. Sep 1995

Cases, Regulations And Statutes, Robert P. Achenbach Jr.

Agricultural Law Digest

No abstract provided.


When Income In Respect Of Decedent Is Recognized, Neil Harl Sep 1995

When Income In Respect Of Decedent Is Recognized, Neil Harl

Agricultural Law Digest

Items of income in respect of decedent require careful planning attention after death. As property that does not receive a new income tax basis at death, the pre-death basis (possibly zero) carries over with the gain taxable to the estate, the heirs or beneficiary. The income recognition event can lead to substantial income tax liability.


Cases, Regulations And Statutes, Robert P. Achenbach Jr. Aug 1995

Cases, Regulations And Statutes, Robert P. Achenbach Jr.

Agricultural Law Digest

No abstract provided.


Effective Date Of "Section 105" Plans, Neil Harl Aug 1995

Effective Date Of "Section 105" Plans, Neil Harl

Agricultural Law Digest

Promotional efforts by firms selling the so-called "Section 105" plans have raised the question of whether benefits of plans may be obtained on a retroactive basis. The issue is, for example, whether a plan established on December 31 is considered effective for the entire year. As one accountant's publication claims


Cases, Regulations And Statutes, Robert P. Achenbach Jr. Aug 1995

Cases, Regulations And Statutes, Robert P. Achenbach Jr.

Agricultural Law Digest

No abstract provided.


Lender Liability For Environmental Clean-Up, Neil Harl Aug 1995

Lender Liability For Environmental Clean-Up, Neil Harl

Agricultural Law Digest

Until enactment of the comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) or Super Fund, lender liability for the clean-up of environmental damage to the lender's collateral was rarely discussed. That has not been the case in recent years.2 Language of CERCLA


Survival Of A Lien In Bankruptcy, Neil Harl Jul 1995

Survival Of A Lien In Bankruptcy, Neil Harl

Agricultural Law Digest

It is an article of faith in bankruptcy that secured creditors are entitled to priority and the secured creditor's lien or security interest continues through the bankruptcy process and beyond to provide security for non performance. A 1995 decision by the Seventh Circuit Court of Appeals has raised new concerns as to whether a secured creditor's lien necessarily survives through the bankruptcy process.


New Iowa Nuisance Provision, Robert P. Achenbach Jr. Jul 1995

New Iowa Nuisance Provision, Robert P. Achenbach Jr.

Agricultural Law Digest

In 1995, the Iowa legislature adopted a provision which specifies that a livestock operation is not a nuisance unless it is proved by clear and convincing evidence that: (1) the operation unreasonably and continuously interferes with a person's enjoyment of their life or property; and (2) the injury was caused by the negligent operation of the facility.


Cases, Regulations And Statutes, Robert P. Achenbach Jr. Jul 1995

Cases, Regulations And Statutes, Robert P. Achenbach Jr.

Agricultural Law Digest

No abstract provided.


Gain For Insolvent Taxpayers, Neil Harl Jun 1995

Gain For Insolvent Taxpayers, Neil Harl

Agricultural Law Digest

A 1995 decision by the Eighth Circuit Court of Appeals has dramatized once again that there is relief from discharge of indebtedness income but there is no relief from gain triggered on property transferred in settlement of debt obligations. That is the outcome even for insolvent taxpayers.


Cases, Regulations And Statutes, Robert P. Achenbach Jr. Jun 1995

Cases, Regulations And Statutes, Robert P. Achenbach Jr.

Agricultural Law Digest

No abstract provided.


Land Rental By S Corporations, Neil Harl Jun 1995

Land Rental By S Corporations, Neil Harl

Agricultural Law Digest

Since enactment of Subchapter S in 1958, attention has been focused on the type of lease entered into by S corporations. The question has been whether the income received by the S corporation as lessor constituted "rents" for purposes of the passive income test.


Index To Volume 6 Nos. 1–12, Agricultural Law Digest Jun 1995

Index To Volume 6 Nos. 1–12, Agricultural Law Digest

Agricultural Law Digest

No abstract provided.