§1308–5. Treatment of multiyear program contract payments — Inbound Citations

Citations to 7 U.S.C. § 1308–5 as a whole

• 7 U.S.C. § 1308(a)

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  (a) In this section through section 1308–5 of this title:

  (1) The term “covered commodity” has the meaning given that term in section 1111 of the Agricultural Act of 2014 (7 U.S.C. 9011).

  (2) The term “family member” means a person to whom a member in the farming operation is related as lineal ancestor, lineal descendant, sibling, first cousin, niece, nephew, spouse, or otherwise by marriage.

  (3) The term “legal entity” means an entity that is created under Federal or State law and that—

  (A) owns land or an agricultural commodity; or

  (B) produces an agricultural commodity.

  (4) The term “person” means a natural person, and does not include a legal entity.

  (5) The term “qualified pass-through entity” means—

  (A) a partnership (within the meaning of subchapter K of chapter 1 of the Internal Revenue Code of 1986 [26 U.S.C. 701 et seq.]);

  (B) an S corporation (as defined in section 1361 of that Code);

  (C) a limited liability company that does not affirmatively elect to be treated as a corporation; and

  (D) a joint venture or general partnership.

  (6) The term “Secretary” means the Secretary of Agriculture.
• 7 U.S.C. § 1308(f)(3)(A)

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  (A) With respect to irrevocable trusts and estates, the Secretary shall administer this section through section 1308–5 of this title in such manner as the Secretary determines will ensure the fair and equitable treatment of the beneficiaries of the trusts and estates.
• 7 U.S.C. § 1308(f)(3)(C)

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  (C) For the purposes of this section through section 1308–5 of this title, a revocable trust shall be considered to be the same person as the grantor of the trust.
• 7 U.S.C. § 1308(f)(7)(A)

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  (A) In the administration of this section through section 1308–5 of this title, the Secretary may not approve any change in a farming operation that otherwise will increase the number of persons to which the limitations under this section are applied unless the Secretary determines that the change is bona fide and substantive.
• 7 U.S.C. § 1308–2(b)

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  (b) If the Secretary determines that a person or legal entity, for the benefit of the person or legal entity or the benefit of any other person or legal entity, has knowingly engaged in, or aided in the creation of a fraudulent document, failed to disclose material information relevant to the administration of sections 1308 through 1308–5 of this title, or committed other equally serious actions (as identified in regulations issued by the Secretary), the Secretary may for a period not to exceed 5 crop years deny the issuance of payments to the person or legal entity.