- 16 - The evidence in this case appears to reflect that during the 1989 through 1994 years, the preproductive period for citrus trees was, generally, more than 2 years. It is evident that in 1989 when the corporation entered into the citrus growing business it employed the latest technological advances. Employing the most current technology, the corporation produced only limited amounts of citrus from a limited number of its trees within the first 2 years. We cannot assume that, nationally, other citrus farmers had achieved the same technological state of the art. It therefore appears possible, if not likely as argued by respondent, that the nationwide average preproduction period for citrus was more than 2 years. The reports and testimony of the parties’ trial experts and the reference sources provided by the parties also demonstrate that the preproductive period for citrus plants was at least 2 years. A text on Florida citrus growing (received as Exhibit 23- 10(...continued) deductions currently available against ordinary income and eventual capital gain upon sale of citrus groves. This benefit had resulted in “unfavorable economic consequences for the citrus industry”, in the form of overproduction and depression of prices. The capitalization requirement specifically addressed that problem by requiring that the expenses be “charged to [the] capital account” at least until the end of the third year after the year of planting (4-year rule). The legislative history, however, did not contain specific recognition of an established or recognized preproduction period with respect to citrus trees. Congress, however, may have set the 4-year period to coincide with the then (1969 or 1986) preproduction period for citrus trees. As evidenced in this case, however, the period may be becoming shorter due to advanced farming technology.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011