[Code of Federal Regulations]
[Title 7, Volume 10]
[Revised as of January 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 7CFR1400.105]

[Page 332]
 
                          TITLE 7--AGRICULTURE
 
  CHAPTER XIV--COMMODITY CREDIT CORPORATION, DEPARTMENT OF AGRICULTURE
 
PART 1400_PAYMENT LIMITATION AND PAYMENT ELIGIBILITY--Table of Contents
 
                     Subpart B_Person Determinations
 
Sec.  1400.105  Husband and wife.

    (a) With respect to any married couple, the husband and wife shall 
be considered to be one person except that a husband and wife, who:
    (1) Prior to their marriage were separately engaged in unrelated 
farming operations, will be determined to be separate persons with 
respect to such farming operations so long as such operations remain 
separate and distinct from any farming operation conducted by the other 
spouse; or
    (2) Except as provided in paragraph (b), do not hold, directly or 
indirectly, a substantial beneficial interest in more than one entity 
(including themselves) engaged in farm operations that also receive 
payments as a separate person from either spouse, the spouses may be 
considered as separate persons if each spouse otherwise meets the 
requirements under this part to be considered a separate person and is 
otherwise eligible to receive payment.
    (b) With respect to any interest in an estate, for 2 program years 
after the program year in which the individual died, a husband and wife 
shall not be considered as having an interest in an entity to the extent 
resulting from such interest in an estate for purposes of determining 
persons.