Farmland Industries, Inc. - Page 98




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                  mechanism deductions.  The result for such a loss                   
                  is that the cumulative effect of the business                       
                  usage of the asset resulted in even greater                         
                  degradation in its value than anticipated and                       
                  provided by the depreciation or other cost                          
                  recovery mechanism which was utilized for the                       
                  asset.  As with section 1245 or 1250 recapture,                     
                  such a loss is logically patronage-sourced unless                   
                  proved otherwise.  The same conclusion also                         
                  results under the operating versus nonoperating                     
                  focus of the provisions of subchapter T since the                   
                  loss is directly attributable to cooperative                        
                  activities unless proven otherwise.  Thus, the                      
                  classification of section 1231 losses as                            
                  patronage-sourced makes economic sense.                             

             The flaw in respondent’s argument, however, is that the                  
             classification of section 1231 gains and losses is based                 
             upon whether there is a net section 1231 gain or loss                    
             for the taxable year.  Thus, section 1231 losses which                   
             respondent asserts are “logically patronage-sourced” will                
             be treated as nonpatronage income under respondent’s                     
             position if there is a net section 1231 gain for the                     
             taxable year.                                                            
             In light of the foregoing, we decline to abandon the                     
             directly related test that has been used by this and other               
             courts to distinguish patronage from nonpatronage items and              
             to adopt respondent’s per se nonpatronage rule for capital               
             gains and losses.  Accordingly, in this case our task is to              
             determine whether each of the gains and losses at issue was              
             realized in a transaction that was directly related to the               
             cooperative enterprise, or in one which generated                        





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