Willamette Industries, Inc. - Page 19




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          intended purpose for the enactment ofsection 1033.                          
               Respondent argues that the purpose of section 1033 may be              
          better served where a taxpayer is unable to process damaged                 
          property into the taxpayer’s usual product(s).  But that                    
          disability is not a threshold for relief or a requirement of the            
          statute.  Section 1033 is a relief provision, and we are to                 
          construe it liberally to effect its purpose.  Davis v. United               
          States, 589 F.2d 446, 450 (9th Cir. 1979); Asjes v. Commissioner,           
          74 T.C. 1005, 1014 (1980).14                                                
               Respondent would have this Court impose its own judgment as            
          to which taxpayer deserves relief.  So, for example, if a                   
          taxpayer, like the one in the 1980 ruling, was growing trees for            
          eventual sale, relief is available even though the taxpayer sells           
          the damaged trees to its usual customers.  Under respondent’s               
          suggested approach, petitioner would not be entitled to relief              
          because it had choices other than sale; i.e., to further process            
          the damaged trees.  Petitioner, under respondent’s approach,                


               13(...continued)                                                       
          systematically harvest trees and to maximize its profit.  It was            
          not petitioner’s intent to randomly cull and process trees that             
          happened to become damaged.                                                 
               14 Respondent also argues that, if petitioner is entitled to           
          sec. 1033 relief in the circumstances of this case, the “narrowly           
          tailored relief provision” will become difficult to administer              
          (with respect to the deferral aspects) and permit relief whether            
          or not it is needed.  These arguments, made for purposes of                 
          emphasis, do not persuade us that the statute withholds relief in           
          this situation.                                                             






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