Photograph: Roger McEowen giving interview on the radio.

Roger on the Air

Roger McEowen regularly appears on radio and television programs heard nationally and across the Midwest and on the worldwide web.

  • 12/28/2020 RFD-TV - Watch (3:59).
    Discusses a state’s ability to regulate the economic activity of another state.
  • 12/28/2020 Ag-Issues - Listen (19:14).
    Discusses cases, California’s attempt to regulate agriculture in other states, Right-to-Farm-Act defense deemed frivolous, Environmental Protection Agency to retain existing primary and secondary national ambient air quality standards for agricultural dust, the validity of a revocable trust, tax on port-a-potties.
  • 12/16/2020 RFD-TV - Watch (3:07).
    Discusses farm data privacy.
  • 12/14/2020 Ag-Issues - Listen (18:21).
    Discusses what farm records and information are protected from a Freedom of Information Act (FOIA) request, Dean Foods and the preferential transfer rule in bankruptcy.
  • 12/12/2020 Kansas Ag Report - Listen (begins at 2:30)
    Discusses topics, Dean Foods and the preferential payment rule, a unique bankruptcy provision; lifetime ban on owning firearms for filing tax returns with false statement.
  • 12/9/2020 Ag-Today - Listen (11:00; begins at 12:55)
    Discusses the preferential payment rule, a unique bankruptcy provision of importance to agricultural producers.
  • 12/1/2020 RFD-TV - Watch (4:37).
    Discusses the preferential transfer rule in bankruptcy.
  • 11/30/2020 Ag-Issues - Listen (16:53).
    Discusses cases, North Carolina hog nuisance suit, overtime excemption for dairy workers unconstitutional in Washington State, lifetime ban on owning firearms for filing tax returns with false statement, the use of deferred payment contracts.
  • 11/23/2020 RFD-TV - Watch (2:35).
    Discusses the tax and accounting rules surrounding the election to treat a "qualified revocable trust" (QRT) as an estate.
  • 11/17/2020 RFD-TV - Watch (3:37).
    Discusses the classification of persons conducting farming operations for a farm landowner.
  • 11/14/2020 Kansas Ag Report - Listen (begins at 4:40)
    Discusses the impact of an expanded public trust doctrine on agriculture; Total Maximum Daily Load (TMDL) requirement and the extent EPA can use it to control farming practices.
  • 11/11/2020 Ag-Today - Listen (10:50; begins at 12:50)
    Discusses cases, proposed sale of farm land by Chapter 12 bankruptcy debtor in Kansas, public trust doctrine in Oregon, zoning ordinance for farm animals.
  • 11/02/2020 RFD-TV - Watch (3:50).
    Discusses the rules and regulations governing roadkill.
  • 11/2/2020 Ag-Issues - Listen (16:15).
    Discusses cases, public trust doctrine in Oregon, zoning ordinance for farm animals, proposed sale of land by Chapter 12 bankruptcy debtor in Kansas, an update on whether it is permissible to pick up roadkill.
  • 10/28/2020 Ag-Today - Listen (11:00; begins at 13:00)
    Discusses a long-standing legal provision called the "public trust doctrine", and its potential challenge to private property rights.
  • 10/26/2020 RFD-TV - Watch (3:59).
    Discusses eminent domain and financing arrangements.
  • 10/19/2020 RFD-TV - Watch (3:12).
    Discusses writing one’s own will.
  • 10/19/2020 Ag-Issues - Listen (16:59).
    Discusses cases, TMDL (Total Maximum Daily Load) and EPA's federalization of agriculture, damages of Eminent Domain action equaling difference in fair market value of land, a Missouri specific case about on-farm sales of processed beef being subject to sales tax, debtor’s name change causes a financing statement to lapse with no revival by continuation statements.
  • 10/14/2020 Ag-Today - Listen (11:00; begins at 1:30)
    Discusses court decision involving a family dispute over a farm estate, emphasizing the handling of a trust's assets by the designated trustee.
  • 10/13/2020 RFD-TV - Watch (4:28).
    Discusses real estate matters of importance to rural landowners.
  • 10/10/2020 Kansas Ag Report - Listen (begins at 4:30)
    Discusses the question of how a trustee relates to other beneficiaries of a discretionary trust in a recent Kansas case involving farmland and oil and gas interests.
  • 10/6/2020 RFD-TV - Watch (4:08).
    Discusses the responsibility of a trustee to other beneficiaries of a discretionary trust.
  • 10/5/2020 Ag-Issues - Listen (17:58).
    Discusses the issue of the responsibility of a trustee to other beneficiaries of a discretionary trust, real estate matters of importance to rural landowners, the Natural Resources Conservation Service (NRCS) highly erodible land and wetlands conservation final rule.
  • 9/30/2020 Ag-Today - Listen (11:00; begins at 12:55)
    Discusses "prior converted cropland" exemptions to the USDA's Swampbuster regulations for farm program benefit eligibility.
  • 9/29/2020 RFD-TV - Watch (3:46).
    Discusses Natural Resources Conservation Service (NRCS) highly erodible land and wetlands conservation final rule.
  • 9/22/20 RFD-TV - Watch (4:01).
    Discusses legal issues associated with weeds.
  • 9/21/2020 Ag-Issues - Listen (17:44).
    Discusses cases, solar "farm" determined not a nuisance, recreational use statute that provides landowner protection, rural-urban fringe issues whether zoned as residential or agriculture, conveyance by deed not required to transfer ownwership of property, real estate mortgage that creates a lien on a property with no title conveyed.
  • 9/16/2020 Ag-Today - Listen (11:00; begins at 12:55)
    Talks about weed control laws, and how the courts have interpreted those over the years. He highlights the extent of requirements on landowners under noxious weed control statutes.
  • 9/15/20 RFD-TV - Watch (4:43).
    Discusses right-to-farm laws.
  • 9/12/2020 Kansas Ag Report - Listen (11:10; begins at 4:05)
    Discusses issues with noxious weeds and seeds and right-to-farm laws.
  • 9/8/2020 RFD-TV - Watch (3:04).
    Discusses tax incentives for exported agricultural products .
  • 9/7/2020 Ag-Issues - Listen (19:00).
    Discusses issues with noxious weeds and seeds, right-to-farm law that may eventually end up in the U.S. Supreme Court, deceptive labeling of beef products.
  • 9/2/2020 Ag-Today - Listen (11:00; begins at 13:00)
    Discusses the court case history of state right-to-farm laws, which generally have provided farmers solid protection from nuisance lawsuits by people who move into rural areas.
  • 8/24/20 RFD-TV - Watch (3:10).
    Discusses exotic game activities and the tax code.
  • 8/24/2020 Ag-Issues - Listen (17:09).
    Discusses whether there is any tax benefit on demolishing farm buildings and structures, especially for farmers affected by the Derecho storm, faulty railroad fence in New Mexico, redemption of farm after foreclosure in Iowa and easements in Arkansas.
  • 8/19/2020 Ag-Today - Listen (11:00; begins at 12:55)
    Discusses the tax deduction allowances when farm property is destroyed by a natural calamity and whether captive-raised deer, elk and other "exotic" animals are considered livestock for farm taxation purposes.
  • 8/17/2020 RFD-TV - Watch (2:59).
    Discusses tax issues associated with demolishing farm buildings and structures.
  • 8/10/2020 Ag-Issues - Listen (17:32).
    Discusses the use of LLC on estate and business planning for a farming operation, updated a decision on the registration of Enlist Duo pesticide, whether or not wild game "farms" is a "farm" for purposes of tax code previsions that provide special tax status to "farm" businesses.
  • 8/5/2020 Ag-Today - Listen (11:00; begins at 12:50)
    Discusses the Deferred Action for Childhood Arrivals (DACA) decision by the U.S. Supreme Court and its significance to agricultural producers, a circuit court ruling in favor of the EPA on the registration of an individual pesticide product.
  • 7/27/2020 RFD-TV - Watch (4:20).
    Discusses the Supreme Court’s DACA opinion and the impact on agriculture.
  • 7/27/2020 Ag-Issues - Listen (15:47).
    Discusses recent U.S. Supreme Court’s decision about Deferred Action for Childhood Arrivals (DACA) and its impact on agriculture, a dairy farm case that involved stray voltage and led to partial insurance coverage, updated court decisions filed against the implementation of the Navigable Waters Protection Rule.
  • 7/22/2020 RFD-TV - Watch (3:15).
    Discusses transitioning the farm or ranch to the next generation.
  • 7/22/2020 Ag-Today - Listen (11:00; begins at 12:48)
    Highlights leading topics covered at the 2020 Farm Income Tax and Estate/Business Planning Seminar, and looks ahead to K-State's series of 2020 Kansas Income Tax Schools set for fall.
  • 7/14/2020 RFD-TV - Watch (3:22).
    Discusses material participation in farming activities.
  • 7/13/2020 Ag-Issues - Listen (16:53).
    Discusses the cramdown interest rate in Chapter 12 bankruptcy, also updated developments on cases involving the Paycheck Protection Program (PPP) and the Premium Assistance Tax Credit (PATC).
  • 7/8/2020 Ag-Today - Listen (11:00; begins at 12:47)
    Discusses putting a value on farm personal property and marketing rights for estate tax purposes.
  • 6/30/2020 RFD-TV - Watch (4:11).
    Discusses valuing farm chattels and marketing rights of a farmer at death.
  • 6/29/2020 Ag-Issues - Listen (18:58).
    Discusses whether dinosaur fossils are "minerals" and if owned by the owner of a mineral estate, when is a transfer of funds a gift and why it matters, update on the Small Business Administration regulation barring bankrupt borrowers from the Paycheck Protection Program.
  • 6/24/2020 Ag-Today - Listen (11:00; begins at 12:50)
    Discusses the care that parents need to take in making monetary gifts to adult children in the form of loans, which have to be conducted properly to avoid incurring tax liability.
  • 6/23/2020 RFD-TV - Watch (2:52).
    Discusses whether an advance of funds to a child is a loan or a gift.
  • 6/15/2020 RFD-TV - Watch (3:34).
    Discusses chapter 12 filers and Paycheck Protection Program (PPP) loan eligibility.
  • 6/15/2020 Ag-Issues - Listen (17:30).
    Discusses the latest in the Dicamba court ruling update, indictment of senior executives of chicken processing firms, Indiana case where outdated county ordinance failed to bar CAFO’s and whether advances to children are considered loans or gifts.
  • 6/9/2020 Ag-Issues - Listen (19:18).
    Discusses the decision by U.S. Circuit Court of Appeals for the Ninth Circuit, vacating the use of three dicamba-related herbicides on dicamba tolerant soybeans and cotton. Also commented on EPA’s cancellation order for the three dicamba herbicides affected by the court decision.
  • 6/9/2020 Ag-Today - Listen (11:20; begins at 12:45)
    Discusses the position of the Environmental Protection Agency regarding farmers' use of the three dicamba herbicides affected by U.S. Circuit Court of Appeals for the Ninth Circuit court decision.
  • 6/8/2020 RFD-TV - Watch (4:06).
    Discusses implications of the recent federal court’s opinion on dicamba registrations.
  • 6/1/2020 RFD-TV - Watch (3:50).
    Discusses foreign ownership of agricultural land.
  • 6/1/2020 Ag-Issues - Listen (17:36).
    Discusses bankruptcy cases on Farm Service Agency not entitled to Set-Off subsidy payments and Chapter 12 bankruptcy debtor barred from receiving a PPP loan. Other cases on discriminatory tax treatment by the Kansas Department of Revenue, complaint that inadequately identifies a seller of defective seed, connection between Dicamba, peaches and a defective Ferrari.
  • 5/27/2020 RFD-TV - Watch (3:10).
    Discusses solar energy production and the tax credit for producing electricity from the sun.
  • 5/27/2020 Ag-Today - Listen (11:00; begins at 13:00)
    Discusses legal protections afforded agricultural cooperatives against anti-trust claims, and how the courts have interpreted those over the years. He relates this to recent questions arising from the investigation into the pricing activities of the meatpacking industry.
  • 5/19/2020 RFD-TV - Watch (4:09).
    Discusses collective action of agricultural producers to enhance markets for their products, amid uncertainties surrounding the investigation into the pricing activities of the major meatpackers.
  • 5/18/2020 Ag-Issues - Listen (16:54).
    Discusses U.S. Department of Justice investigation into the pricing activities of meatpacking industry and what options producers have, such as forming a cooperative.
  • 5/13/2020 Ag-Today - Listen (11:00; begins at 13:00)
    Reviews the history of the Packers and Stockyards Act, and how the courts have historically interpreted its regulation of price manipulation of the meat packing industry.
  • 5/12/2020 RFD-TV - Watch (4:13).
    Discusses meatpacking industry practices, investigations and the law.
  • 5/6/2020 RFD-TV - Watch (3:36).
    Discusses Chapter 12 farm bankruptcy and priority taxes.
  • 5/4/2020 Ag-Issues - Listen (16:33).
    Discusses recent guidance further explaining how the Paycheck Protection Loan Program applies to farming and ranching operations and U.S. Supreme Court opinion on groundwater discharges of pollutants and implications for agriculture.
  • 4/29/2020 Ag-Today - Listen (11:00; begins at 1:30)
    Provides more information on the stipulations of the Small Business Administration's Paycheck Protection Program loans for agricultural producers and addresses how receiving a PPP loan would affect a producer's eligibility for the USDA's forthcoming COVID-19 assistance.
  • 4/28/2020 RFD-TV - Watch (4:29).
    Discusses lingering questions and issues surrounding the eligibility of farmers & ranchers for the Paycheck Protection Program (PPP).
  • 4/27/2020 The Big Show (iHeart Radio) - Listen (06:15; begins at 01:25)
    Discusses the Force Majeure clause in contracts in times of crisis.
  • 4/21/2020 RFD-TV - Watch (4:14).
    Discusses the non-performance of contract obligations in the time of massive economic disruption and the concept of "force majeure".
  • 4/20/2020 Ag-Issues - Listen (18:25).
    Discusses the Payroll Protection Program with regards to agriculture and getting out of contracts in times of a pandemic.
  • 4/15/2020 RFD-TV - Watch (3:53).
    Discusses income tax-related provisions.
  • 4/15/2020 Ag-Today - Listen (11:00; begins at 13:00)
    Discusses the Small Business Administration's Paycheck Protection Loan Program of the CARES Act, he looks at what's known to the moment about farmer eligibility for these relief loans.
  • 4/6/2020 RFD-TV - Watch (3:12).
    Discusses Cares Act retirement provisions.
  • 4/6/2020 Ag-Issues - Listen (16:01).
    Discusses cases, co-owned property subject to a forced sale, updated a decision on "Ag-Gag" law and the federal trial court on livestock facility, conflicted interests in stored grain, retirement-related provisions of the recently passed CARES Act.
  • 4/1/2020 Ag-Today - Listen (11:00; begins at 13:00)
    Discusses maintaining good farm and ranch estate and business planning. Even as the Tax Cuts and Jobs Act (TCJA) has made estate and business planning much easier, estate and business planning should not be ignored if the desire is to keep the farming or ranching business in the family.
  • 3/31/2020 RFD-TV - Watch (3:11).
    Discusses conflicting interests in stored grain.
  • 3/24/2020 RFD-TV - Watch (4:26).
    Discusses the alternate valuation provision for a federally taxable estate.
  • 3/23/2020 Ag-Issues - Listen (16:25).
    Discusses cases, watermelon pollinator not proven as a cause of hollow heart, tax court petition not timely mailed, early withdrawal penalty on IRA was deemed constitutional, tax provisions in the CARES bill submitted by Senate Republicans.
  • 3/18/2020 Ag-Today - Listen (11:00; begins at 13:00)
    Discusses tax court rulings, valuation of an estate for tax purposes, early withdrawal from a retirement account, tax liabilities on bank accounts in foreign jurisdictions, and whether lakes do have constitutional rights.
  • 3/16/2020 RFD-TV - Watch (3:08).
    Discusses meal and entertainment expense tax treatment for agricultural operations.
  • 3/9/2020 RFD-TV - Watch (3:21).
    Discusses agricultural partnership tax issues.
  • 3/9/2020 Ag-Issues - Listen (15:43).
    Discusses cases involving city of Toledo's Lake Erie Bill of Rights; serial wetland violation by family farm operators; reversion to agricultural use in big island of Hawaii; failure to disclose foreign bank account; no deductions for farm not operated for profit.
  • 3/4/2020 Ag-Today - Listen (11:00; begins at 01:30)
    Discusses the tax code provision called the Qualified Business Income Deduction, and how farmers, ranchers and other landowners can qualify for this significant deduction.
  • 3/2/2020 RFD-TV - Watch (2:50).
    Discusses the tax rules surrounding death of livestock.
  • 2/24/2020 RFD-TV - Watch (3:23).
    Discusses recent developments involving estate and trust court decisions.
  • 2/24/2020 Ag-Issues - Listen (15:28).
    Discusses two cases involving charitable deduction, and other cases, cutting horse activity not deemed as a hobby, Chapter 11 Bankruptcy interest rate and a dog bite not foreseeable.
  • 2/19/2020 RFD-TV - Watch (3:14).
    Discusses transferring farm real estate.
  • 2/19/2020 Ag-Today - Listen (11:00; begins at 13:00)
    Discusses court developments, a ruling on the interest rate to be applied in a farm bankruptcy reorganization and taking charitable tax deductions on land conservation easements.
  • 2/10/2020 RFD-TV - Watch (3:41).
    Discusses family farming arrangements and liens.
  • 2/10/2020 Ag-Issues - Listen (14:32).
    Discusses cases - a farmhouse not a dwelling and thus no conviction for burglary, semi-trailer in a farm field near a roadway with advertising subject to a permit, owner not liable in negligence or strict liability for a butting lamb, IRS decision determined no deduction for a donated conservation easement.
  • 2/5/2020 Ag-Today - Listen (11:00; begins at 13:00)
    Reviews Kansas court rulings, decision on a challenge to a Kansas law to protect animal agricultural facilities from being annoyingly infiltrated by those who intended to harm their business, a debtor who filed a chapter 12 bankruptcy that ended up being costly to the creditor, theft of property stored in a farm house that was used as a dwelling.
  • 2/5/2020 RFD-TV - Watch (3:15).
    Discusses statute of frauds and sales of goods.
  • 1/27/2020 RFD-TV - Watch (3:42).
    Discusses top ten agricultural law and tax developments of 2019; number two - year-end tax and retirement legislation and number one - Qualified Business Income (QBI) final regulations.
  • 1/27/2020 Ag-Issues - Listen (17:48).
    Discusses the decision striking down a portion of Kansas Farm Animal and Field Crop and Research Facilities Protect Act, enacted in 1990, a case that states aerial application of agricultural chemical not inherently dangerous activity, a case that has a financing statement that was "seriously misleading" and creditor that was unsecured.
  • 1/24/2020 RFD-TV - Watch (3:53).
    Discusses top ten agricultural law and tax developments of 2019; number four - regulatory changes to the Endangered Species Act (ESA) and number three - irrigation return flows and the Clean Water Act.
  • 1/22/2020 RFD-TV - Watch (3:31).
    Discusses top ten agricultural law and tax developments of 2019; number six - SCOTUS rules on administrative agency deference and number five - Waters of the United States (WOTUS) definition.
  • 1/22/2020 Ag-Today - Listen (11:00; begins at 01:30)
    Discusses two recent court cases regarding beneficiaries named in wills and they both demonstrate the importance of language when making a will.
  • 1/17/2020 RFD-TV - Watch (3:38).
    Discusses top ten agricultural law and tax developments of 2019; number eight - SCOTUS agrees to hear case involving groundwater discharges into a WOTUS and number seven - regulatory takings.
  • 1/13/2020 RFD-TV - Watch (4:09).
    Discusses top ten agricultural law and tax developments of 2019; number ten - the relevance of roundup jury verdicts and number nine - agricultural antitrust – the ability of a farmer to sue for anticompetitive conduct.
  • 1/13/2020 Ag-Issues - Listen (17:24).
    Reviewed his list of the top ten Agricultural Law and Tax Developments from 2019.
  • 1/8/2020 Ag-Today - Listen (11:00; begins at 01:30)
    Discusses his top ten agricultural law and taxation developments of 2019. In the first segment, he reviews numbers ten through six.
  • 1/8/2020 Ag-Today - Listen (11:00; begins at 12:55)
    Discusses his top ten agricultural law and taxation developments of 2019. In the second segment he concludes with a look at his top five choices.
  • 1/7/2020 RFD-TV - Watch (3:34).
    Discusses the almost top ten issues of agricultural law and tax developments of 2019; chapter 12 debt limit increase, which government agency sues a farmer for a WOTUS violation? and USDA’s Swampbuster "incompetence"..
  • 1/2/2020 RFD-TV - Watch (3:52).
    Discusses retirement planning provisions.

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Disclaimer

The views expressed by faculty members at Washburn University School of Law are protected by the First Amendment's respect for academic freedom and do not represent the position of Washburn University School of Law. Likewise, the information contained on WALTR is for educational purposes only and should not be construed in any way as endorsing any political positions, statements or conduct of Washburn Law School or Washburn University.