- 85 - and sale of plywood and related wood products. The taxpayer in each ruling owned standing timber which had appreciated in value and served as a source of raw material for the taxpayer's products. The issue was whether the capital gains recognized by each cooperative upon cutting the timber, pursuant to an election under section 631(a), could be classified as patronage income. Section 631(a) provides an election to certain taxpayers to treat, as gain or loss from a sale or exchange under section 1231, the difference between the actual cost or other basis of the timber cut during the year and its fair market value as standing timber. See sec. 1.631-1(a), Income Tax Regs. In each ruling, the Commissioner took the position that the capital gains recognized by the cooperative are properly classified as patronage income. The classification of capital gains realized pursuant to the election under section 631(a) as patronage income was tacitly approved by this Court in Stevenson Co-Ply, Inc. v. Commissioner, 76 T.C. 637 (1981). That case involved a dispute concerning the computation of the alternative tax under section 1201(a) with respect to section 631(a) gains. We held that, for purposes of computing the alternative tax, a taxpayer is entitled toPage: Previous 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 Next
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