Farmland Industries, Inc. - Page 95




                                       - 90 -                                         
             “incidental income derived from sources not directly                     
             related to the marketing, purchasing, or service activities              
             of the cooperative association.”                                         
                  In the event that the aggregate section 1231 gains                  
             exceed losses for the taxable year, respondent’s position                
             is that the gain realized from the sale or exchange of each              
             section 1231 asset is automatically classified as                        
             nonpatronage, except for the portion of the gain treated as              
             ordinary income under the recapture rules prescribed by                  
             sections 1245.  According to respondent, the portion of the              
             gain recaptured under section 1245 is considered patronage               
             income “because, in effect the taxpayer is merely                        
             recapturing income that otherwise would have been available              
             for distribution as a patronage dividend.”  Rev. Rul. 74-                
             84, 1974-1 C.B. 244.  According to respondent, the same is               
             true with respect to the portion of the gain recaptured                  
             under section 1250.                                                      
                  A logical inconsistency in respondent’s per se rule                 
             arises in the case of recapture under section 1250.  This                
             is due to the fact that, generally, section 1250 requires                
             recapture only of “additional depreciation” or depreciation              
             in excess of straight-line depreciation.  Sec. 1250(b).                  
             Under respondent’s position, the straight-line depreciation              
             taken on depreciable real property held for more than 1                  






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Last modified: May 25, 2011