Farmland Industries, Inc. - Page 62




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             Petitioner never recorded its Mex-Am stock in an account                 
             identified as an “inventory”, “hedge”, or “hedging”                      
             account.  Petitioner never sold any Mex-Am stock and never               
             received any dividends from Mex-Am.                                      
                  Supply conditions for crude oil improved in late 1983               
             making it unnecessary for petitioner to obtain crude oil                 
             from Mex-Am.  Accordingly, petitioner surrendered its                    
             stock in Mex-Am for no consideration, thereby relieving                  
             itself of the obligation to purchase a portion of Mex-Am's               
             crude oil.                                                               
                  On its Federal income tax return for 1984, petitioner               
             reported an ordinary loss of $25,000 from the surrender of               
             its Mex-Am stock.  Petitioner treated $22,643 of this                    
             amount as an ordinary patronage loss and $2,357 as an                    
             ordinary nonpatronage loss.                                              
                  In the notice of deficiency, respondent recharacter-                
             izes the loss as a nonpatronage capital loss that cannot                 
             be offset by patronage income.  The notice of deficiency                 
             describes this adjustment as follows:                                    

                  The loss realized on the surrender of the Mex-Am                    
                  Crude Corporation stock must be recognized as                       
                  non-patronage capital loss and may not be offset                    
                  by patronage income.  Accordingly, your non-                        
                  patronage capital losses are increased by                           
                  $(25,000); the patronage ordinary loss you                          
                  reported is decreased by $22,643; and the non-                      
                  patronage ordinary loss you reported is                             






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