Farmland Industries, Inc. - Page 15




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             supply’, and ‘hedging’ principles” and not subject to the                
             hedging regulations, section 1.1221-2, Income Tax Regs.                  
             Petitioner’s brief makes it clear that the Court need not                
             consider that argument if we do not adopt respondent’s per               
             se rule.  Accordingly, we have not addressed that argument.              
             Similarly, as mentioned above, petitioner argues, if we                  
             hold that the gains from the sale of Terra stock and the                 
             section 1231 assets are nonpatronage items, then those                   
             gains may nevertheless be offset by petitioner’s patronage               
             losses.  We have not addressed that argument.                            
                  In light of the foregoing, and to reflect previously                
             determined issues,                                                       

                                           Decision will be entered                   
                                      under Rule 155 and an order will                
                                      be issued denying respondent’s                  
                                      motion for summary judgment.                    



















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