Henderson v. Flemming
Henderson v. Flemming
Opinion of the Court
The question we have to determine is the one which the Secretary through the decision of the Appeals Council posed:
“Actually, the simple issue as it was aptly stated * * * to the Appeals Council * * * is whether, in order to qualify for social security benefits, this claimant [Mrs. Poole] had to personally supervise her farming operations, or whether such operations could be carried on through*884 agents or employees.”1 *(Emphasis in original.)
Before us the Secretary perhaps seeks to escape from this delineation by suggesting that more properly the question is whether on the record as a whole the fact findings (including inferences) are sustained by substantial evidence. This is, of course, the test prescribed by § 205 (g), 42 U.S.C.A. § 405(g); Boyd v. Folsom, 3 Cir., 1958, 257 F.2d 778, 781; Carque-ville v. Flemming, 7 Cir., 1959, 263 F.2d 875, 877; Hobby v. Burke, 5 Cir., 1956, 227 F.2d 932. But running through that whole concept as a principal thread is the idea that the fact findings are acceptable only where it is evident that the correct legal standard has been employed by the trier of the fact. Cf. Galena Oaks Corp. v. Scofield, 5 Cir., 1954, 218 F.2d 217; Mitchell v. Raines, 5 Cir., 1956, 238 F.2d 186; United States v. Williamson, 5 Cir., 1958, 255 F.2d 512, 515.
Our answer to that query is contrary to that of the Secretary. We conclude that what was done constituted “material participation by the owner [of a farm] * * * in the production or the management of the production of” an agricultural commodity. In reaching that conclusion we do not reject any evidence credited by the Secretary or credit any that the Administrator rejected. Indeed, we regard the evidence both on the underlying factual details as well as the critical statutory inferences to be undisputed.
The playback approach, this time on legislative development is again helpful. Mitchell v. Hooper Equipment Co., Inc. et al., 5 Cir., 1960, 279 F.2d 893. In 1950 self-employed persons were first brought under the Old Age and Survivors Insurance Program. Prior to the 1954 Amendments, it was established that all self-employed farmers were excluded from coverage under the Act. This exclusion was accomplished by excepting from “net earnings from self-employment” such income derived by a self-employed individual from a business which if carried on by employees would constitute agricultural labor. In the 1954 Amendments, self-employed farm operators were brought under the Act by deleting the exception from net earnings from self-employment relative to agricultural labor. Congress was careful, however, to continue to exclude as self-employment income any amounts received as “rentals from real estate and from personal property leased with the real estate” whether such rental was paid in cash or as a share in crops.
The social security benefits were sought by Mrs. Jessie Poole then 91 years of age and who unfortunately did not survive the administrative determination of her eligibility to governmental benefits which came into statutory being during her 90th year. She must have witnessed many changes from 1867, including those on a cotton plantation. But the record leaves one with the definite conviction that for many, many years cotton farming on her farm went along the same. Nothing changed in 1956-1957 on the farm, or in what she did, or what her son, Joe Poole, did. What changed was the law. The question then is whether what she did those years (and had been doing for many more) was the sort of farm operation Congress had in mind as it broadened coverage by excepting the exclusion, see note 3, supra.
In 1907 Mrs. Poole’s husband died leaving her with four children and a life interest in an 1100-acre plantation of which some 600 were suited for cultivation. Since about 1912 her son, Joe, has farmed 400 of these acres for his own account. The rental value under current conditions would be approximately $2500 per year. The remaining 200 acres have been farmed for Mrs. Poole’s account. Probably during most of this time, and certainly in the years 1956-1957 and just previously, all of the management from an owner’s standpoint has been by Joe. Mrs. Poole was an invalid and physically unable to oversee farming operations from her wheelchair. Joe has considered that the rent-free use of the 400 acres was more than ample consideration for the management of his mother’s operations. Each operation was kept distinct and separate and at no time was there any partnership.
The 200 acres were actually farmed by sharecropping tenants selected by her son, Joe, who thereafter made all significant operating decisions. After a prefatory statement that “the evidence shows that for more than 40 years her farm was actually operated and managed by her son as her agent” the Appeals Council summarized his activities this way. “The evidence shows that he selected the land the sharecroppers were to work, that he decided when the land was to be planted, how much fertilizer was to be used, when the crops were to be cultivated, when the plants were to be sprayed, when the crops were to be harvested and when they were to be sold.”
Under the sharecropping arrangements effected in her behalf by Joe, Mrs. Poole, of course, furnished the land. But there was much more. She was required to bear a considerable financial risk and contribution. She furnished the planting seed and bore one-half the cost of insecticide which ran in the neighborhood of $1100 per year. , She was required to “break ground” and plant the crop. This was done for her by her son, Joe, on a contract basis, the charges being based upon the out-of-pocket labor and fuel ex
In dealing with these undisputed facts much difficulty was encountered in the administrative process. We summarize these difficulties as well as their shifting nature, not to suggest that a correct position finally reached is undermined by any supposed errors of the past. Rather it is to emphasize the lack of basis for the ultimate conclusion that despite material participation, it was still rental, not farm, income because Mrs. Poole’s non-finaneial contributions were through an agent, her son, Joe, and not personally.
The claim was first rejected in the Bureau by the Claims Auditor on the grounds that her “Material participation was performed by the son * * * who was not an employee * * * but was an independent contractor.” This disallowance was approved by the Claims Authorize!’ on the same ground. On appeal to the Chief of Claims Authorization, the disallowance was affirmed because the earnings from the farm “are rentals from real estate and were not received in the course of a trade or business as a real estate dealer” and the “material participation was performed by your son who was not your employee but was an Independent Contractor.” This disallowance was upheld by the Chief of Area Office on the ground that it was farm rental and on the further ground that the Claimant “did not materially participate in the production or management of the crops either personally or through an employee.” Next came the Referee’s Decision made after a rather extended hearing in which Joe Poole testified and all of the prior papers were incorporated into the record. The Referee faced squarely up to the issue which he first delineated (see note 1, supra). After finding that “claimant had established upon the Record that she furnished substantial portion of machinery, implements, etc. * * which were used in the production of the commodity here involved; and [that] she also advanced cash or assumed financial responsibility for a substantial part of the expenses involved, she certainly did not periodically inspect 'the production activities on the land,” he then answered in categorical terms the issue he had framed. He declared, “as this Referee interprets the meaning of the statute, such inspection cannot be validly exercised by an individual through delegation to an agent. It must be personal. It cannot be delegated!” He made it doubly clear by saying “Hence the Referee hereby flatly holds that one cannot ‘materially participate’ through an agent.”
This brings us then to the decision of the highest appellate agency, the Appeals Council. It bears repeating that the Council first found that “the evidence shows that for more than 40 years [Mrs. Poole’s] farm was actually operated and managed by her son as her agent.” After stating “thus, the issue as stated above is
No one questions the soundness of conclusion [1] for the Secretary concedes than an invalid owner taking no part whatsoever in actual management decisions would be required to treat as self-employment income net amounts received from operations conducted wholly by agents and employees of a business such as a drugstore, mercantile establishment, hardware store, insurance agency, or the like. The eligibility for benefits and the liability for the payment of the tax are parallel.
So far as we are able to fathom it, the Secretary finds the requirement of “personal” activity in the unique circumstance that the matter is legislatively stated first as an exclusion to which there is a subsequent exception. But as we have intimated before, this ascribes to Congress too literal a purpose in the mechanical or grammatical formulation of its policy. Searching for that policy should not be frustrated by any supposed artificial rules of construction which would impose a niggardly or strict construction because one rather than another literary device is employed. Consequently, while this intermediate conclusion does not eliminate the further problem of the meaning of “materially participated” which we shall shortly discuss, we think that it is perfectly plain that by the operation of the 1956 Amendments on the 1954 Amendments Congress was intending to bring a new and major group of persons under the Act. It was as though the legislation affirmatively prescribed that net earnings from self-employment shall include such income derived' under an arrangement between the owner of land and a tenant which requires that there be material participation by the landowner and in actual operation thereunder, there is in fact material participation by the owner in the production or management of the production of agricultural commodities. As thus phrased, it is an automatic self-executing definition of self-employment income of a particular kind and being self-employment income, it is not “rentals.” That is all, we think, that Congress undertook to do by the grammatical device of an exception to an exclusion.
Once that position is reached, there is nothing to distinguish it from other self-employment businesses. The person supplying the capital — whether land, factory building, storeroom, cash, furniture and fixtures, inventory, or the like — may operate that business wholly through agents and employees with no more effort or supervision on his part than receiving and depositing the fruits of their labors. Consequently, the material participation is not confined to personal activities. It may be through agents or employees and quite without regard to the method of their compensation.
In the same'approach, we know at least today that agriculture is or may be big business. It takes more than land and a willing hand. It takes working capital, frequently in considerable amounts. An owner of land who is required to (and does) furnish substantial amounts of cash, credit or supplies toward this mutual undertaking which are reasonably needed in the production of the agricultural commodity and from the success of which he must look for actual recoupment likewise makes a “material participation.” One is hardly a mere landlord in the traditional sense if he must risk considerable funds in addition to the land in the success of the venture. And what he gets — or hopes to get — is more than rent. It is profit from the operation of a business, a business fraught with financial risks — the business of producing agricultural commodities.
All this is borne out by the legislative history. Quite naturally each cites portions as favorable to one view rather than the other. But as Congressional purpose is not generally to be found in mere literalism of the statute,
The result is that, on the undisputed facts of this record and the findings made by the Secretary, Mrs. Poole through her son, Joe, as her agent, made a “material participation” in the production or management of the production of cotton and corn. This was done both in the supervision of the operation of the farm, the making of critically important decisions, and in the supplying of essential and substantial amounts of cash and ■credit and services performed by others at her expense. The arrangements made in her behalf by her son, Joe, with the ■sharecropper tenants required her to make substantial material contributions ■and these she made, either through her son, or directly in the case of the financial contributions. This is what the statute requires. This income was clearly ;self-employment income subject to tax. Since the income was subject to tax, she was eligible for the benefits. The decision of the Appeals Council should be reversed and a suitable order entered by the Secretary granting appropriate benefits.
Reversed.
. This was but an echoing paraphrase of the Referee’s decision:
“More specifically, the issue in this case * * * might be refined further by being stated as:
“ ‘Can a person “materially participate” within the meaning of the 1956 Amendments in respect to obtaining “net earnings From self-employment” while acting entirely through an agent under a sharecropping arrangment; provided, the claimant does assume some financial risks and some participation of a limited nature in the making of personal management decisions?’ ”
. “(1) There shall be excluded rentals from real estate and from personal property leased with the real estate (including such rentals paid in crop shares), together with the deductions attributable thereto, unless such rentals are received' in the course of a trade or business as a real estate dealer * * 42 U.S. C.A. § 411(a) (1) (1957). There was a parallel provision in the Internal Revenue Code, 26 U.S.C.A. § 1402(a) (1) (1955) (1954 Code).
. As a result of the amendment, § 411(a) (1) as well as 26 U.S.C.A. § 1402(a) (1), read:
“(a) The term ‘net earnings from self-employment’ means the gross income, as computed under chapter 1 of Title 26, derived by an individual from any trade or business carried on by such individual * * *; except that in computing such gross income and deductions * * *—
“(1) There shall be excluded rentals from real estate and from personal property leased with the real estate (including such rentals paid in crop shares), together with the deductions attributable
. TMs was substantial business as Mrs. Poole’s individual income tax returns reflect:
1955 1956 1957
Income from farming
Sales of cotton, seed, and corn $13,926.07 $8,163.19 $7,815.00
Expenses 4,614.78 4,855.38 5,694.56
Operating Income $ 9,311.29 $3,307.81 $2,120.44
. Italics in the original. The Brackets are inserted as a convenient reference.
. See Income Tax Regulations 1.1402(a)-l (b) (2), 26 C.E.R. 1.1402 (a)-l(b) (2), which provides that “The trade or business must be carried on by the individual, either personally or through agents or employees.” See also Revenue Ruling 56-22, 1956-1 OB 558, as modified by Revenue Ruling 58-267, 1958-1, OB 327. Revenue Ruling 57-58, Cumulative Bulletin 57-1, page 270, setting forth guides to • he used in share-farming situations makes no explicit reference to operation through agents. To the extent of any disagreement between our decision and Example (4) we think the ruling is erroneous.
. At least so much is borne out by the legislative history stressed by both parties here. The Report of the Committee on
. United States v. American Trucking Ass’ns, Inc. et al., 1940, 310 U.S. 534,
. For example, the Secretary insists that the word “also” in the following excerpt requires both physical work in the nature of personal supervision as well as financial contribution. “If the owner or tenant also establishes the fact that he furnishes a substantial portion of the machinery, impleiiients, and livestock used in the production of the commodities, or that he furnishes or advances, or assumes financial responsibility for, a substantial part of the expense (other than labor expense) involved in the production of the commodities, the committee feels that he will have established the existence of the degree of participation contemplated by the amendment.” Senate Calendar No. 2156, 84th Cong., 2d Sess., Rpt. 2133, p. 38.
Obviously, if the landowner personally engaged in the activities suggested in the committee report, he would, without doubt be making a “material participation.” Financial contribution would not be necessary so the term “if * * * also” cannot be read to require both. Consequently, unless it is to suggest another and independent way of making a material participation, the committee illustration was superfluous.
Reference
- Full Case Name
- Rosalie HENDERSON and Joe N. Poole, as Executors of the Will of Jessie Poole v. Arthur S. FLEMMING, Secretary of Health, Education and Welfare
- Cited By
- 40 cases
- Status
- Published