- 42 - for depletion,25 and is characterized as a sale or exchange under section 1231. The fair market value of the cut timber then becomes the new basis of the timber (new basis) for all purposes in the hands of the taxpayer. If the cut timber is then sold, ordinary gain or loss is calculated as the difference between the amount realized and the new basis. As a result of its section 631(a) election, Johnco will recognize its built-in capital gains under section 1231 as it cuts timber. This recognition will occur independently of any liquidation. Consequently, we conclude that a hypothetical willing buyer of decedent's Johnco stock would take into account Johnco's built-in capital gains, even if his plans were to hold the assets and cut the timber on a sustainable yield basis. For this reason, we hold that a valuation of decedent's Johnco stock should take into account Johnco's built-in capital gains, but only in an amount reflecting the rate at which they will be recognized, measured as the net present value of the built-in capital gains tax liability that will be incurred over time as timber is cut. We calculate the net present value of the built-in capital gains tax liability by estimating Johnco's capital gains 25 Where only a portion of the timber is cut, basis is allocated to cut and standing timber in proportion to timber units. See sec. 612; sec. 1.612-1, Income Tax Regs. Units of timber are ordinarily expressed in terms such as thousands of board feet, log scale or cords, as appropriate. Timber quantity is generally estimated upon acquisition and subsequently increased as timber is acquired and decreased as units of timber are cut and sold.Page: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
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