6 pursuant to section 263A(b)(2)(A) and section 1.263A-3(a)(1), Income Tax Regs. Section 1.263A-4T(c)(4)(ii)(B), Temporary Income Tax Regs., supra, describes the preproductive period as follows: "The preproductive period of a plant begins when the plant or seed is first planted or acquired by the taxpayer. The preproductive period ends when the plant becomes productive in marketable quantities or when the plant is reasonably expected to be sold or otherwise disposed of." Petitioners planted the seedlings in 1986 and reasonably expected to sell them after 3 years. Because the productive period of the trees was more than 2 years, preproductive expenses attributable thereto are subject to the UCR, and, accordingly, petitioners are required to capitalize such expenses unless an exception applies. Under section 263A(d)(3), a farmer may elect out of the UCR, and, instead, deduct his expenses in accordance with the provisions of section 162, with the requirement that the property produced is then treated as section 1245 property, and any gain resulting from the disposition thereof is recaptured to the extent of the deductions which, but for the election under section 263A(d)(3), would have been capitalized. The election must be made for the first taxable year beginning after December 31, 1986, during which the taxpayer engages in the farming business. Sec. 1.263A-4T(c)(6)(iii), Temporary Income Tax Regs., supra. "A taxpayer * * * shall be treated as having made the election if such taxpayer does not capitalize the costs ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011