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Update: President Trump signed this bill into law on August 23,2019.
In this webinar for I-29 Moo University, Don Swanson and Kristine Tidgren address practical financial, tax, and bankruptcy issues impacting producers facing financial distress.
CALT has recently received several inquiries on the Iowa property tax assessment process, including the process for appealing property classifications. This article provides an overview of how property is classified, provides an overview of several recent administrative cases, and gives information on how landowners can appeal if they believe their land has been misclassified.
On July 25, 2019, USDA published details as to how payments will be made under the 2019 Market Facilitation Program (MFP). First announced May 23, 2019, the 2019 MFP will include up to $14.5 billion in direct payments to producers. Payment details are now posted on the MFP page of the USDA website.
On July 24, 2019, the Iowa Court of Appeals issued summary judgment against a nephew in his lawsuit alleging claims of undue influence and tortious interference with a bequest of farmland against members of his family. The court found insufficient evidence to establish either claim.
On July 24, 2019, the Iowa Court of Appeals issued a ruling concerning damage done to drainage tile in Webster County. The court found the neighbor’s trees damaged a farmland’s drainage tile causing water to pool and damage the crops in the field. Therefore, the court found the neighbor liable for the damage and responsible for replacing the damaged tile.
Kitt talks about two recent Iowa Court of Appeals cases and the Property Assessment Appeal Board.
JAR Farms v. Certified Materials, No. 18-1240 (July 3, 2019).
In re the Marriage of Drake, No 18-1724 (Iowa Ct. App. July 3, 2019).
On July 3, 2019, the Iowa Court of Appeals issued a ruling regarding the creation of an easement over the boundary of a gravel road. The court found that because the owner of the property did not have notice of an easement claim, no easement was created.
On July 3, 2019, the Iowa Court of Appeals issued a ruling concerning the amount of child support a farmer was required to pay. The court found, in this case, the farmer’s depreciation expenses should not be used when determining income for the purposes of assessing child support, but his farming expenses should be deducted from his gross income.
In this tax edition of the CALT Brief Podcast, Kristine discusses:
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Taxpayer First Act of 2019, H.R. 3151, signed into law July 1, 2019
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President's 2020 Budget Proposal and JCT Analysis
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TD 9861, Final Regs Allowing Truncated Social Security Numbers on W-2s
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TD 9869, Final Regs Clarifying that Partners are not Employees when Partnership Owns Disregarded Entity
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Brown v. Commissioner, TC Memo 2019-69 (Parsonage Allowance Case)
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N.C. Dept of Rev. v. Kaestner, No. 18-457 (U.S. Sup. Ct. June 21, 2019) (Tax Jurisdiction Case Involving a Trust)
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TD 9864, Final Regs Detailing Impact of State Credits on Charitable Deductions
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IRS Email Regarding Data Breach Instructions
Generally, cash basis farmers must include proceeds from crop insurance and federal disaster programs in gross income for the tax year during which they receive the payments.
On June 21, the Iowa Supreme Court held that three siblings failed to show that their father was a “vulnerable elder” subject to elder abuse by their brother and nephew.
The United States Supreme Court Supreme Court issued a decision on June 21, 2019, holding that landowners are no longer effectively required to exhaust state remedies before filing Fifth Amendment federal takings claims in federal court. Knick v. Township of Scott, Pa., No. 17-647 (U.S. 2019).
A June 18 update posted to the Syngenta settlement claims administration page states that eligible class members will receive notices of determination showing their "compensable recovery quantities" as early as July. This is the number of bushels for which they can recover, not the amount of the payment to which they are entitled.
In this podcast, Kitt talks about two recent Iowa Court of Appeals Cases and interviews Farm Management Specialist, Ryan Drollette regarding prevented planting.
Franklin v. Johnston, No. 18-0613 (Iowa Ct. App. June 5, 2019).
Felt v. Felt Farms, LLC, No. 18-0710 (Iowa Ct. App. June 5, 2019)
On June 18, 2019, IRS and Treasury issued proposed regulations for the application of IRC §199A to cooperatives and their patrons. These rules were a missing piece of the initial §199A regulatory package.
On June 5, 2019, the Iowa Court of Appeals ruled that a family farm LLC automatically dissolved 90 days after the death of its sole member. The court ruled that the manager of the LLC who inherited one-third of the LLC’s units had not become a member because he failed to execute a joinder agreement.
On June 5, 2019, the Iowa Court of Appeals issued a ruling concerning a disagreement over property rights between two neighboring landowners. The court found little evidence to support a finding to grant the land in question in fee simple ownership to the defendants, but affirmed the lower court’s grant of a prescriptive easement to them.
In this tax edition of the CALT Brief podcast, Kristine discusses:
On June 5, 2019, the Iowa Court of Appeals ruled that Wells Fargo Bank gave proper notice to any unknown heirs of a decedent when foreclosing on real estate that had been mortgaged by the decedent during his lifetime. Nearly 10 years after a man took out a mortgage for a piece of real estate, he passed away without finishing paying off the loan. After the loan went into default, Wells Fargo initiated the foreclosure proceeding and sought to quiet title to the real estate.
Update: On June 10, USDA issued this Q & A.
In a case of significant import to Iowa property owners, the Iowa Supreme Court today ruled that the use of eminent domain for the Dakota Access pipeline was not an unconstitutional taking under either the Iowa or U.S. Constitutions. In Puntenney v. Iowa Utilities Board, No.
On May 30, 2019, IRS issued a draft W-4 for the 2020 tax year. This is IRS’ second attempt to unveil a restructured W-4 in light of changes made by the Tax Cuts and Jobs Act.
On May 28, 2019, the United States District Court for the Southern District of Texas determined that the EPA and U.S. Army Corps of Engineers violated the Administrative Procedure Act (APA) when they promulgated the final Clean Water Rule in 2015.
UPDATE: As of July 1, 2021, Florida has a new Right to Farm Act (RTFA). On April 30, 2021, Governor DeSantis of Florida signed SB 88 into law, amending Florida’s RTFA in several ways.
Update: On the evening of June 3, 2019, the House passed H.R. 2157, sending the disaster relief bill to the President for his signature.
Several bills with general bipartisan support are pending in Congress. These bills, if passed, would impact farmers and ranchers across the country. We will keep you posted as developments unfold.
Note: On June 10, USDA issued this Q & A.
On May 21, 2019, IRS issued Rev. Proc. 2019-26, which updated depreciation deduction limits for passenger automobiles purchased after September 27, 2017, and placed into service during 2019.
No Bonus Depreciation
In this Podcast, Kristine and Kitt address several recent agricultural law developments.
On May 10, 2019, the Iowa Supreme Court issued a ruling finding that, despite a waiver from the Federal Aviation Administration, a farmer would have to remove a grain leg he constructed to comply with local regulations. The Carroll County District Court had ordered the grain leg to be removed, and the Court of Appeals had affirmed.
On May 3, 2019, the Iowa Supreme Court issued two separate rulings concerning a wind energy project in Palo Alto County. In the first case, landowners challenged whether the Iowa Legislature gave the Iowa Utilities Board (IUB) the authority to interpret what a “single site” is. In the second case, landowners disputed the legality of the ordinance granted by the Board of Supervisors.
In this podcast, Kristine takes a look at Iowa tax bills that made it through the 2019 legislative session. Included is a discussion of:
During Iowa’s 2019 Legislative Session that ended Saturday, April 27, legislators passed a number of bills impacting agricultural producers and rural landowners. Below is a review of the highlights.
Last week, the Iowa House and Senate passed HF 768, a bill to enhance Iowa’s Beginning Farmer Tax Credit Program.
May 13, 2019 Update: The Governor has signed the Iowa Hemp Act.
On April 17, 2019, the Iowa Court of Appeals issued a ruling concerning negligent destruction of a tractor and attachment. The court affirmed the lower courts decisions on all evidentiary issues, but reversed the district court’s decision regarding interest accrual.
It’s a fair question. The $1.5 billion Syngenta settlement was approved December 7, 2018, and the settlement agreement specified that payments could issue as early as the second quarter of 2019. Now that we are in that second quarter, do we know when the payments will issue?
The answer, unfortunately, is no.
On April 23, 2019, R-CALF and others filed a lawsuit in the Northern District of Illinois claiming several large packing companies “conspire[ed] to suppress the price of fed cattle they purchased in the United States from at least January 1, 2015 through the present.” The plaintiffs, which consist of Ranchers Cattlemen Action Legal Fund Uni
The Iowa Supreme Court recently addressed the question of whether a mechanic’s lien arising from the provision of materials and labor to a tenant can attach to the real property of the landlord where the landlord and the tenant are engaged in a mutually beneficial business arrangement. In Winger Contracting Co.
Note: USDA has created a new decision tool for the new Dairy Margin Coverage program.
On April 3, 2019, the Iowa Court of Appeals issued an opinion concerning an alleged negligent misrepresentation of farmland value. The court found that plaintiffs were not justified in their reliance of either of two appraisal companies’ valuation of farmland and affirmed the district courts grant of summary judgment.
On March 27, 2019, two environmental groups—Iowa Citizens for Community Improvement and Food and Water Watch—filed a petition in state court seeking injunctive and declaratory relief against the State of Iowa, the Department of Natural Resources and others.
On March 20, 2019, the Iowa Court of Appeals issued a ruling on the validity of the assignment of a debtor’s right of redemption. Because the right to redeem a property is transferable, the court allowed the assignee to redeem the debtor’s farm.
The United States Justice Department has changed its position and is now supporting the position that the Affordable Care Act (ACA) was rendered unconstitutional when Congress set the individual shared responsibility payment to zero in the 2017 Tax Cuts and Jobs Act.
Update: On December 2, 2019, The U.S. District Court for the Southern District of Iowa issued a preliminary injunction preventing Iowa from enforcing this law.
Update: On April 22, 2019, five advocacy groups filed a lawsuit challenging this new law.
On March 6, 2019, the Iowa Court of Appeals issued a ruling concerning a district court’s judgment ordering a lawyer to return $383,595.63 to his mother’s estate. The court found that because there was a confidential relationship between the son and his mother, and the son did not act in good faith when transferring money from his mother’s account to his account, he had to return the money he took from his mother’s account.
On March 14, 2019, the Iowa Governor signed into law a new agricultural production facility trespass statute. Senate File 519, which was passed by the Iowa House and Senate on March 12, makes it a crime to obtain access to or employment with an agricultural production facility by use of deception with the intent
Update: Governor Reynolds signed SF 220 into law on March 15, 2019. It is effective for tax years beginning on or after January 1, 2018, but before January 1, 2019.
Another March 1, the first day of most Iowa farm leases, arrives soon. This post addresses two common questions we've been receiving this month.