- 60 - Petitioner reported the entire gain from the sale of the Lamont gas plant as ordinary patronage income. In the subject notice of deficiency, respondent reclassifies the portion of the gain representing the amount realized in excess of cost basis, viz $12,852,544, as nonpatronage capital gain under section 1231. Respondent does not take issue with petitioner's treatment of the portion of the gain equal to depreciation recapture under section 1245, $3,287,803, or the portion of the gain equal to the amount of straight-line depreciation on section 1250 property, $81,328. The notice of deficiency describes this adjustment as follows: The section 1231 gain realized on the sale of the Lamont, Oklahoma, gas plant must be recognized as non-patronage capital gain and may not be offset by patronage losses. Accordingly, your non-patronage capital gains are increased by $12,852,544; the patronage ordinary income you reported is decreased by $(11,640,781); and the non-patronage ordinary income you reported is decreased by $(1,211,763), in your fiscal year ending August 31, 1984. Soybean Processing Facilities Prior to August 1983, petitioner owned and operated three soybean processing facilities. These facilities were located in Sergeant Bluff, Iowa, St. Joseph, Missouri, and Van Buren, Arkansas, and are collectively referred to herein as the soybean facilities. PetitionerPage: Previous 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 Next
Last modified: May 25, 2011