Stabenow, Grassley Press USDA on Farm Payments to Deceased Farmers

A news release yesterday from the Senate Agriculture Committee indicated that, “Today, U.S. Senate Committee on Agriculture, Nutrition, & Forestry Ranking Member Debbie Stabenow (D-Mich.), and senior Agriculture Committee member U.S. Senator Chuck Grassley (R-Iowa) raised concerns with the U.S. Department of Agriculture (USDA) Farm Service Agency (FSA) regarding farm program payments that are made to the estates of deceased farmers.

“‘We must be careful stewards of taxpayer money and work to avoid wasteful payments,’ said the Senators. ‘As we prepare to write the next Farm Bill, we write to request information so we can understand more about USDA payments to an estate after the death of a farmer.’

“Under current law, farmers are required to be ‘actively engaged in farming‘ in order to receive farm program benefits by providing labor or management. USDA recently issued guidance that considers an estate to be actively engaged – and thus eligible for farm payments –for up to two years after the death of a farmer without review. The Government Accountability Office has criticized USDA payments to estates which have allowed some heirs to game the system and evade payment limits by collecting benefits on behalf of the deceased in addition to their own property.”

The Senator’s letter to the Acting Administrator of FSA is available here.

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U.S. Home Prices Increase

Laura Kusisto reported this week at The Wall Street Journal Online that, “Home prices continued to rise rapidly in the waning days of 2017, but there are early signs that price gains that have well outstripped wages and inflation could begin to ease this year.

“The S&P CoreLogic Case-Shiller National Home Price Index, which covers the entire nation, rose 6.3% in December, up from a 6.1% year-over-year increase reported in November.

“The 10-city index gained 6% over the year, unchanged from November. The 20-city index gained 6.3%, down slightly from 6.4% the previous month. That was in line with the expectations of economists surveyed by The Wall Street Journal, who expected the 20-city index to rise 6.3% in December.”

The Journal article noted that, “Home price gains accelerated in 2017 compared with 2016, when prices grew more in the 5% range. Nonetheless, the pace of both new and existing home sales have slowed in recent months, which could ultimately put pressure on sellers to lower prices, especially as interest rates are beginning to rise.

“‘It is too early to tell if the housing recovery is slowing. If it is, some moderation in price gains could be seen later this year,’ said David Blitzer, managing director at S&P Dow Jones Indices.

“Markets that are seeing the steepest increases remain concentrated in the West. Seattle reported the largest annual gain, at 12.7%, followed by Las Vegas at 11.1%. San Francisco, which had seen price increases slow until recently, reported the third-strongest gain, at 9.2%.”

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Craft Breweries Boosting Local Economies

C.J. Hughes reported yesterday at The New York Times Online that, “As Equilibrium Brewery opened for business here [Middletown, N.Y.] on a recent Saturday morning, fans were already lined up outside for a fresh batch of its hazy-colored ales.

“The travelers, who came from Massachusetts, New Jersey, Pennsylvania and Rhode Island, snapped up as many cans and bottles as they could buy, at $16 a four-pack. After a sip or two by tailgates, some headed out in search of a meal, their tourist dollars funneled into a downtown betting on a rebound.

“‘We are having an impact on the community, for sure,’ said Ricardo Petroni, a co-owner of Equilibrium, which opened in 2016 in a former meatpacking plant that had been seized over nonpayment of taxes. ‘When we moved here, you could see old scars of bad times,’ Mr. Petroni added, ‘but you can tell that now, new things are flourishing.'”

The Times article noted that, “Across the country, in once-bustling manufacturing centers, breweries are giving new fizz to sleepy commercial districts. If alcohol-based businesses were blamed for a breakdown of society in the Prohibition era and beyond, breweries are now being seen as a force for good.

“‘The economic ripple effects are definitely there,’ said David Barnett, a Chicago-based senior research analyst for JLL, the commercial brokerage firm. Breweries ‘create a cool tourism aspect for out-of-towners, but it’s been good for residents as well.’

“In 2016, there were 5,301 mom-and-pop beer makers, which are typically known as craft breweries. That figure rose from 4,548 in 2015, when the country surpassed its historic high-water mark of 4,131 breweries, set way back in 1873, according to the Brewers Association, a trade group. (Zero were recorded from 1920 to 1932, during Prohibition.)”

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Court Blocks California Plans to Put Cancer Warnings on Products Containing Glyphosate

Reuters writer Tom Polansek reported yesterday that, “A federal judge has temporarily blocked California’s plans to require cancer warnings on products containing the popular weed killer glyphosate, in a win for manufacturer Monsanto Co.

“U.S. District Judge William Shubb said the warnings would be misleading because glyphosate is not known to cause cancer, according to court documents filed on Monday in California. He still allowed the state to keep glyphosate on a list of cancer-causing products.

“‘Given the heavy weight of evidence in the record that glyphosate is not in fact known to cause cancer, the required warning is factually inaccurate and controversial,’ Shubb wrote.”

Mr. Polansek explained that, “The judge’s decision is important for Monsanto because warnings could discourage use of glyphosate, which is widely used by farmers on genetically engineered crops and by consumers on lawns. The company’s agricultural productivity segment, which includes glyphosate, had net sales of $3.7 billion in fiscal-year 2017.

“Monsanto, which is being acquired by Bayer AG, and U.S. farm groups sued California in November to stop the warnings.”

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Startup Focuses on Climate Change Risk

Brad Plumer reported last week at The New York Times Online that, “In Charleston, S.C., where the ports have been expanding to accommodate larger ships sailing through the newly widened Panama Canal, a real-estate developer named Xebec Realty recently went looking for land to build new warehouses and logistics centers.

“But first, Xebec had a question: What were the odds that the sites it was considering might be underwater in 10 or 20 years?“

Mr. Plumer explained that, “So Xebec turned to a Silicon Valley start-up called Jupiter, which offered to analyze local weather and hydrological data and combine it with climate model projections to assess the potential climate risks Xebec might face in Charleston over the next few decades from things like heavier rainfall, sea level rise or increased storm surge.”

The Times article added that, “As companies around the world grow concerned about the risks of climate change, they have started looking for clarity on how warming might disrupt their operations in the future. But governments in the United States and Europe have been slow to translate academic research on global warming into practical, timely advice for businesses or local city planners.

“Now some private companies, like Jupiter, are trying to fill the gap.”

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Report: U.S. New-Home Sales Drop

Sharon Nunn reported yesterday at The Wall Street Journal Online that, “Two months of steep declines in sales of new homes across the U.S. haven’t persuaded many economists that the housing market is turning lower.

“Purchases of newly built single-family homes—a relatively narrow slice of all U.S. home sales—fell 7.8% in January after dropping 7.6% in December, according to data released Monday by the Commerce Department. Purchases have declined for four of the past six months.

“The January drop bucked the 4.0% growth economists surveyed by The Wall Street Journal had expected. Analysts are pointing to weather and the volatile nature of the new-home sales data to explain away what could be seen as an emerging downtrend in the housing market.”

The Journal article noted that, “Mortgage rates have moved higher rapidly since the beginning of 2018, making purchasing a home more expensive. Moreover, housing inventory has been tight, driving up home prices and pricing some potential buyers out of the market. In January, sales of previously owned homes, which represent the bulk of the U.S. market, experienced their sharpest year-over-year drop in more than three years.”

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Rep. Tim Ryan Takes Venture Capitalists on Midwest Road Trip

Natalie Andrews reported on Friday at The Wall Street Journal Online that, “Standing before a group of Michigan entrepreneurs, Rep. Tim Ryan introduced more than a dozen venture capitalists from Silicon Valley and New York who were on a three-day road trip the Ohio Democrat organized to try to boost businesses in cities that need a comeback.

“He referenced T-shirts heralding their destination cities.

“In the Motor City, it was ‘Detroit Against the World’; for Cleveland is was ‘Believeland’; and in Youngstown, Ohio, the motto was ‘Defend Youngstown.'”

Ms. Andrews indicated that, “The road trip took mostly Democratic venture capitalists from California and New York to beleaguered cities in the Midwest that collapsed with the decline of U.S. manufacturing and have struggled to recover after the recession 10 years ago.

“These were all cities in 2016 with median household income below the U.S. average of $55,000 by $20,000.

“On Wednesday, the group went to meetings in Youngstown and Akron, Ohio. Thursday took the band to Detroit and Flint, Mich., a city facing a public-health crisis over lead poisoning in the local water supply and where 41.9% of residents live in poverty, according to the U.S. Census.”

The Journal article added that, “On Friday, the group headed to South Bend, Ind.

“At times, the lawmakers said they were on a ‘diplomatic mission’ to introduce investors from the nation’s investment capitals to entrepreneurs in towns that lost luster when steel mills and auto factories closed.”

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Some Uncertainty With New Estate Tax

New York Times writer Brian J. O’Connor reported last week that, “Critics of the estate tax like to call the federal levy on assets passed on by the wealthy to their heirs the ‘death tax.’ But the better nickname might be the ‘zombie tax.’

“Despite repeated attempts by conservative lawmakers to kill it — and a 2016 campaign-trail vow by Donald J. Trump that ‘no family will have to pay the death tax’ because ‘we will repeal it’ — the estate tax remains a surprisingly resilient part of the United States tax code.

“The tax law passed by Congress in December certainly keeps it alive — on more generous terms. Instead of taxing any amount above $5.49 million per person at a rate of 40 percent, the new law raises that exemption to $10 million, which, when indexed for inflation, allows individuals to pass on $11.2 million and couples to transfer twice that amount without paying a penny of tax.”

The Times article noted that, “But leaving the estate tax in place means America’s richest families now face the prospect of scurrying to tax lawyers to revise older estate plans, and may need to do so again before the end of 2025. The new exemption is on the books for only eight years, and if Congress doesn’t change the law again, estates could face tax bills after 2026 for moves made under the new, temporary limits.

“‘Some of the wealthier clients are happy’ with the changes, said Brian Jenney, a partner with Kemp Klein in Troy, Mich. ‘But when you tell them it ends in 2025, they’re frustrated because they’re still going to be alive.'”

Last week’s article added that, “Despite these complications, what’s clear is that even though Congress didn’t kill the estate tax, the new limits come close.

“‘The estate tax used to cover a lot more people even in recent decades, up to 2 percent of all estates. Now we’re down to less than one-tenth of 1 percent,’ said Chuck Marr, director of federal tax policy for the Center on Budget and Policy Priorities in Washington. ‘The estate tax is hanging on by a thread.'”

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New Tax Law Prompts Business Owners To Consider Their Company Structure

Ruth Simon reported yesterday at The Wall Street Journal Online that, “As business owners pore through the new tax law, many are asking themselves a fundamental question: Will changing how their company is structured cut their tax bills?

“‘This is one of the most pressing issues for taxpayers and business owners,’ said Mark Everson, vice chairman of tax-consulting firm Alliantgroup LP. ‘They are looking carefully now at how they are legally organized.’

“For many entrepreneurs, the big question is whether to operate as a C corporation, which pays its own taxes to the Internal Revenue Service, or as a pass-through company, which pays tax through individual rather than corporate returns. Pass-through businesses include S corporations, sole proprietorships and limited liability companies.”

The Journal article noted that, “The clock is ticking. Many business owners have until March 15 to make an election that would be retroactive to the beginning of 2018.

“The rethinking of corporate structures is one byproduct of the new tax bill, which cuts the corporate tax rate to 21%, down from a top rate of 35%, though owners pay a second tax on profits distributed as dividends.”

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Crop Insurance: Sales Closing Dates Near for Most Crops

A news release yesterday from USDA’s Risk Management Agency (RMA) stated that, “Last year’s hurricanes, wildfires, and droughts, devastated parts of the South, Midwest, Northern Plains, and California, and were a stark reminder that agriculture is an inherently risky business. Federal crop insurance indemnities for these disasters totaled more than $1 billion in 2017.

“The prosperity of the rural economy depends on our farmers and ranchers and their ability to bounce back from adverse conditions,’ said Farm Production and Conservation Acting Deputy Under Secretary Robert Johansson. ‘Crop insurance is central to a strong farm safety net, and producers should talk with their agents to purchase their coverage before the sales closing date.’

“To prepare for this year, [RMA] urges farmers to sign up for crop insurance before the sales closing dates for eligible 2018 spring crops. The sales closing dates for most spring-planted crops is February 28 or March 15.”

Yesterday’s update added that, “Sales closing dates vary by crop, state, and county. More information about deadlines are available in the RMA Actuarial Browser. To discuss dates and options, producers should contact their local agent. Learn more at www.rma.usda.gov.”

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