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April 9, 2021 | Kitt Tovar Jensen

The 2018 Farm Bill required the USDA to create a regulatory framework for the production of hemp in the United States. States and Tribes can choose to operate under the Federal plan or submit their own plan for approval. Federal regulations require producers to obtain a license from the USDA, State, or Tribal hemp program which has jurisdiction over the intended growing location.

April 3, 2021 | Guido van der Hoeven

As farmers and ranchers approach retirement (however defined) generating an income stream to meet lifestyle needs comes into focus. An obvious resource is renting the land, either using a cash rent or crop-share model.  What about the machinery and equipment?  The farmer or rancher can decide to have an equipment sale which generates a lump-sum payment, less sales costs, but this will trigger IRC § 1245 recapture resulting in a sizable tax bill.  A second sales strategy is to sell the equipment in a piecemeal fashion over time to manage the tax bill resulting from IRC § 1245 recapture.

On March 29, 2021, the Iowa Department of Revenue announced a filing and payment extension for individual taxpayers, from April 30, 2021, to June 1, 2021.  In the same notice, IDOR provided instructions for reporting unemployment compensation on 2020 returns.

March 26, 2021 | Kristine A. Tidgren

Update: Sign-up for this program opened April 5. https://www.farmers.gov/cfap/apply

March 25, 2021 | Kristine A. Tidgren

By a vote of 92-7, the Senate today passed HR 1799, the PPP Extension Act of 2021. The House had passed this bill on March 16, 2021, by a vote of 415 to 13.

March 17, 2021 | Kitt Tovar Jensen

On March 17, 2021, the Iowa Court of Appeals issued an opinion regarding a will dispute. The will, among other things, created an option for certain beneficiaries to obtain ownership of the farmland subject to various terms and restrictions. Because the will gave the probate court authority to determine the reasonableness of the terms for the transfer of farmland, the court ruled that the probate court properly exercised its authority in resolving the beneficiaries’ disputes.

March 24, 2021 | Kitt Tovar Jensen and Guido van der Hoeven

In this introduction to Farm Succession Planning video, CALT Staff discuss ten common mistakes to avoid during the estate planning process. 

March 18, 2021 | Kristine A. Tidgren

It’s been difficult enough to keep up with federal tax changes this year, let alone worry about how Iowa is treating these changes. Confusion has been complicated by the fact that many software companies have not adjusted their products to comply with Iowa law.

On March 17, 2021, IRS issued the following news release:

March 17, 2021 | Kitt Tovar Jensen

On March 17, 2021, the Iowa Court of Appeals issued another opinion in a family dispute regarding the management and ownership of a trust. The court affirmed the trial court’s judgment finding that the father had breached a trust established for the benefit of his daughter.

President Biden signed the American Rescue Plan Act of 2021 (ARPA), H.R. 1319, into law on March 11, 2021. The $1.9 trillion package includes money for states and localities, schools, socially disadvantaged farmers, public health, small business relief, and much more.

Note: This post has been updated to include new guidance and forms published March 12 and March 18 at the bottom.

 

March 3, 2021 | Kristine A. Tidgren

Between the pandemic, a trade war, and assorted natural disasters, agricultural producers, like most other businesses, faced a difficult 2020. As many farmers file 2020 income tax returns, they and their tax professionals are sorting through unusual sources of income, analyzing whether new COVID-19 tax benefits apply, and determining how to report these items on their income tax returns.

On March 2, 2021, the United States Court of Appeals for the Tenth Circuit determined that the district court abused its discretion when it granted the State of Colorado’s request to stay the effective date of the Navigable Waters Protection Rule in Colorado. The district court had granted the preliminary injunction, pending a determination on the merits of Colorado’s case challenging the legality of the rule.

February 27, 2021 | Kristine A. Tidgren

With tax software missing key updates and some important questions remaining unanswered, some farmers who did not pay estimated tax by January 15 may not be in a position to file their returns by March 1.

February 27, 2021 | Kristine A. Tidgren

It’s almost March 1, which means that many farm leases around Iowa are beginning anew.[i] This key date is a good time to remind landlords of several available options to reduce the risks associated with nonpayment.

February 26, 2021 | Kitt Tovar Jensen

On February 26, 2021, the Iowa Supreme Court issued an opinion concerning whether a county board of adjustment illegally granted an area variance. Because the homeowners did not present sufficient evidence of an unnecessary hardship, the Court ruled that the board illegally granted the request for the variance.

Update: On March 11, the American Rescue Plan Act was signed into law. The new law extends the ERC through December 31, 2021, with some modifications to quarters 3 and 4. On April 2, IRS issued guidance as to the CAA expansion for quarters 1 and 2 of 2021.

On February 19, 2021, the Iowa Supreme Court considered whether an interested party can challenge the validity of a will while the testator is alive. The Court found that neither Iowa Code § 633.637 nor any other section of the Probate Code allows a predeath will challenge.

February 10, 2021 | Kristine A. Tidgren

On February 10, I had the opportunity to speak at the Illinois Soybean Association's 2021 Soybean Summit regarding recent updates to the Paycheck Protection Program and the tax law. The information in this presentation is up to date through February 10, 2021. A copy of the slides may be downloaded below.

February 9, 2021 | Kitt Tovar Jensen

On February 3, 2021, the Iowa Court of Appeals issued an opinion in a father-son dispute over their member-managed LLC. The court recognized that the father, a farmer who created the LLC and gifted 50 percent of the shares to the son, did violate the operating agreement and engage in mismanagement. Overall, however, the court agreed with the district court that the farmer did not generally breach his fiduciary duties and did not harm the LLC through his actions as alleged in the son's derivative action.

On February 3, 2021, the Iowa Court of Appeals denied the request of farm borrowers to remand for a hearing on whether the district court should set aside the sale of their real property in a sheriff’s sale. The court found that any “irregularities” in the sale were due to the plaintiffs’ own actions.

February 4, 2021 | Kristine A. Tidgren

On February 4, 2021, the Iowa Department of Revenue issued guidance on its nonconformity with the Consolidated Appropriations Act of 2021.

On January 21, 2020, the Iowa Court of Appeals issued an opinion interpreting an alleged oral agreement between two cattle producers. The court affirmed that because the plaintiff did not present evidence that both parties agreed to the terms of a repurchase option contract, no contract existed. Additionally, the court affirmed that the plaintiff contracted with the defendant’s LLC rather than the defendant as an individual. Therefore, the defendant was not personally liable for damages.

On January 21, 2021, the Iowa Court of Appeals affirmed a trial decision ruling that an insurance company did not have a duty to defend its policy holder against claims for fire damage. Specifically, the court affirmed that the insured did not prove that the fire occurred on land covered under the insurance policy and that the insured did not preserve the issue of whether the location where the fire occurred qualified for coverage under a “vacant land” provision in the policy.

January 21, 2021 | Kitt Tovar Jensen

On January 21, 2021, the Iowa Court of Appeals issued a ruling considering whether a county zoning Board of Adjustment properly granted an application for a wind turbine project. Despite the Board misinterpreting which ordinances were applicable, the court affirmed that the Board did rely on the relevant ordinances and factors when granting the utility company’s request. Additionally, the court affirmed that the Board gave proper notice.

December 23, 2020 | Kristine A. Tidgren

Update: On the evening of December 27, 2020, President Trump signed the Consolidated Appropriations Act into law.

On December 16, 2020, the Iowa Court of Appeals issued an opinion on the timeliness of a redemption of agricultural real estate sold at a sheriff’s sale. Because the assignee did not pay the full amount due within the redemption period, the redemption attempt was untimely.

On November 4, 2020, the Iowa Court of Appeals issued an opinion determining whether an assessor properly appraised a feed manufacturing facility’s machinery for property tax purposes. The court analyzed whether a feed mill and steel grain storage bins met the definition of machinery under Iowa Code chapters 427A and 427B. Machinery must be used directly in manufacturing and a necessary part of the manufacturing process, used solely for effectuating that purpose, to qualify as tax exempt machinery.

November 30, 2020 | Kitt Tovar Jensen

On November 30, 2020, the Iowa Court of Appeals issued an opinion regarding a district court’s order modifying farm leases. The court reversed the lower court’s order because the leases were not subject to judicial revision, nor was there evidence that court reformation was necessary.

Background

A farmer owned 18,000 acres of farmland. He leased approximately half of the land to family members, including his daughter, at discounted rates. Family members did not know what rate the farmer charged other family members. The farmer did not use written leases.

On November 30, 2020, the Iowa Court of Appeals issued an opinion regarding a trustee’s actions before she was replaced by judicial order. The court affirmed that the trustee’s inheritance should be reduced for tax penalties and interest incurred because she engaged in self-dealing. The court also affirmed a $20,000 trustee fee award and the denial of sanctions.

On November 18, 2020, IRS issued Rev. Rul.

On November 4, 2020, the Iowa Court of Appeals affirmed a district court order granting a permanent injunction preventing the defendant from interfering with the plaintiffs' use of an easement and private roadway. The court found that the defendant had improperly obstructed the easement with gates, fencing, and speed bumps, and that Iowa's partition fence law was inapplicable to the case.

On November 4, 2020, the Iowa Court of Appeals affirmed a district court’s judgment in a property dispute between a dairy farmer and his new neighbors. The court ruled that the dairy farmer failed to show that both landowners accepted a fence as the boundary line. The court also affirmed that a 1955 easement did not grant the neighbors the right to cross the dairy farmer’s land.

On November 4, 2020, the Iowa Court of Appeals determined that beneficiaries of a trust had not shown that a trust advisor should be removed from her role. The court found that any potential conflict of interest was waived when the settlor created the trust and that the advisor had not committed fraud, dishonesty, or abuse of discretion so as to require removal.

On November 4, 2020, the Iowa Court of Appeals issued an opinion regarding the distribution of farm property in a will. The will created a sale restriction on the farmland and listed several requests regarding future treatment of the testator’s farm tenant. The court affirmed that the sale restriction created an unenforceable restraint on alienability. Additionally, the court ruled that the decedent’s requests for the beneficiary to lease the farmland to the current tenant and provide favorable  terms to that tenant were optional, not mandatory.

On November 4, 2020, the Iowa Court of Appeals issued a ruling in a seven-sibling dispute over the inheritance of 240 acres of farmland. The court affirmed a jury verdict setting aside a mother’s will due to lack of mental capacity and undue influence, but reversed the portion of the verdict finding intentional interference with an inheritance. The court remanded for a new trial.

October 27, 2020 | Kristine A. Tidgren

As October comes to an end, it may be helpful to review the Iowa Department of Revenue’s tax filing deadlines during this crazy year. A recent news release from IDOR details this information.

October 27, 2020 | Kristine A. Tidgren

It has certainly been a year of challenges. COVID-19 triggered widespread economic harm, a once-in-a-lifetime derecho flattened fields and pummeled grain bins, and drought compounded the damage. Because of these disasters, most farmers received some unexpected payments in 2020.

On October 7, 2020, the Iowa Court of Appeals issued an opinion on whether a document signed by the trust grantor the day before he passed away was an amendment to his estate plan or merely instructions to his attorneys to redraft the plan. Because the document was “vague, obscure, and ambiguous,” the court affirmed that it was not an amendment to the trust.

On October 27, 2020, the EPA announced that it had approved the applications of Bayer and BASF for new registrations of dicamba-based XtendiMax and Engenia for over-the-top use on dicamba-tolerant cotton and soybeans. It also approved Syngenta’s application for a label amendment to extend the December 20, 2020, expiration date for dicamba-based Tavium.

On October 7, 2020, the Iowa Court of Appeals reversed a district court order which had denied a farming cooperative summary judgment on a claim of negligent hiring. The claim arose in a wrongful death lawsuit brought by the estate and family members of a farmer killed when an employee of a trucking company drove into the back of the farmer’s tractor with a grain truck The court ruled that the cooperative could not be liable for the negligent hiring of its independent contractor’s employee.

October 20, 2020 | Kristine A. Tidgren

With the election just around the corner, American tax policy faces uncertainty. The Tax Cuts and Jobs Act of 2017 ushered in the most significant changes to the tax code in 30 years. Depending upon the outcome, the 2020 election could significantly alter the landscape again.

October 15, 2020 | Kitt Tovar

On October 7, 2020, the Iowa Court of Appeals issued an opinion concerning a city’s intent to develop land for a park and new high school. A landowner claimed the city committed an unconstitutional taking when it “earmarked” approximately nine acres of land for a potential right-of-way. Because the plans to acquire the land were theoretical, the court affirmed that the city did not create a servitude or uneconomical remnant.

October 14, 2020 | Kristine A. Tidgren

Late Thursday, October 8, the Small Business Administration issued a new Form 3508S forgiveness application and instructions promising simplified forgiveness for Paycheck Pro

Update: On October 6, Clinton County was added to the list.

On September 1, individual assistance was extended to:

October 1, 2020 | Kristine A. Tidgren

The founders of our country believed that debtors should have an opportunity for a fresh start. The Constitution authorizes Congress to create bankruptcy laws. U.S. Const. Art. I, Sect. 8. The U.S. Supreme Court has stated, “Bankruptcy gives to the honest but unfortunate debtor…a new opportunity in life and a clear field for future effort, unhampered by the pressure and discouragement of preexisting debt.” Local Loan Co. v. Hunt, 292 U.S. 234, 244 (1934). This fresh start occurs through a “bankruptcy discharge,” which generally releases debtors from personal liability for certain debts, preventing creditors from collecting those debts in the future.

On September 23, 2020, the Iowa Court of Appeals issued an opinion considering whether a release of liability waiver was a binding and enforceable contract. After a passenger of a semi-tractor was injured in an accident, she sought damages against the owner of the vehicle for the injuries sustained. The court affirmed that the waiver signed by the passenger was a valid release of her claims.

September 11, 2020 | Kitt Tovar

On September 2, 2020, the Iowa Court of Appeals issued an opinion regarding a claim for a breach of contract of a farm lease and for replevin. Without a written lease, the trial court analyzed the conduct and credibility of both parties in order to determine whether the farm lease was modified. The court affirmed the district court’s award of damages for the landlord, but reversed the ruling denying replevin of farm equipment.

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