- 6 - Property was landlocked and dependent on private access rights; the Timber Property had an internal road system and direct access to public roads. B. Holding Company Status In its 1990 and 1991 Forms 1120, U.S. Corporation Income Tax Return, Johnco was designated a personal holding company, consistent with the nature of Johnco's business. Johnco had only one employee, Andrew, who served as its president and chief operating officer. Over 80 percent of Johnco's gross revenue was derived from the sale of timber. Johnco harvested timber from the Timber Property very conservatively. The amount of timber harvested annually was limited to an amount approximately equal to, or less than, the Timber Property's annual growth.4 Johnco did not actually cut the timber that was harvested or employ personnel or own any of the equipment necessary to harvest timber. Potential buyers placed bids with Johnco to purchase timber and were responsible for its cutting and transportation off the Timber Property. Although Andrew was the sole employee of Johnco, management of the timber on the Timber Property was generally handled by an outside consulting forester, who monitored the property and advised Johnco regarding the specifics of harvesting timber, for a commission based on timber sales. Until late 1990, Johnco's outside consulting forester had been 4 Limiting the annual harvest to annual growth is referred to as "sustainable yield"; this method maintains an approximately constant volume of timber in place. Harvesting less than annual growth results in an increase in timber volume on a given tract.Page: 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