- 57 - 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 isPage: Previous 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 Next
Last modified: May 25, 2011