Farmland Industries, Inc. - Page 104




                                       - 99 -                                         
             Lamont Gas Plant                                                         
                  At the outset, we note that petitioner reported the                 
             gain realized from its sale of the Lamont gas plant in 1984              
             as ordinary income.  In the subject notice of deficiency,                
             respondent recharacterized the gain as a capital gain,                   
             pursuant to section 1231.  Petitioner does not take issue                
             with respondent’s determination that the gain from the                   
             sale of the Lamont gas plant is subject to section 1231.                 
                  Petitioner purchased, operated, and expanded the                    
             Lamont gas plant as part of its main cooperative effort of               
             producing petroleum-based goods for its patrons.  During                 
             the time petitioner owned the plant, virtually all of the                
             natural gas liquids produced there were either sold to                   
             petitioner’s patrons or used in producing gasoline for sale              
             to its patrons.                                                          
                  The sale of the Lamont gas plant took place after                   
             feasibility studies suggested that advantages would be                   
             gained in expanding petitioner’s natural gas liquids plants              
             in Texas.  The bulk of the proceeds of the sale of the                   
             Lamont gas plant went to expanding the Texas plants in                   
             order to enable petitioner to realize those advantages for               
             the benefit of its patrons.  Accordingly, we find that the               
             gain from the sale of the Lamont gas plant was realized in               








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