Farmland Industries, Inc. - Page 90




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             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 to                 








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