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Janitor Bob

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The fact that he has a net loss does not necessarily mean he is not treated as a farmer, the rule is based on gross income. If 2/3 of his gross income is from farming (or fishing) he can elect to file his return by March 1 (the 2nd this year) rather than paying estimates and he will not be considered to be under-withheld. If his taxes are paid through W-2 withholding and underpayment is not an issue, he can wait and file by April 15. If underpayment is an issue, and he does not qualify as a farmer in 2008, he can also look back to 2007 and if he qualified then he would be treated as qualifying for 2008.

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