- 5 - had sold the damaged trees on the open market instead of further processing and/or milling the damaged trees into finished products. Petitioner further contends that it is not attempting to defer any portion of the gain attributable to the processing, milling, or finishing of products.5 Respondent determined that petitioner understated income by improperly deferring gain from the sale of the end product of the damaged trees, as follows: 1992--$647,953; 1993--$2,276,282; 1994--$3,592,035; and 1995--$4,831,462. Discussion The specific question we consider is whether petitioner is disqualified from electing deferral of gain under section 1033 because it processed damaged trees into end or finished products 5 Based on a hypothetical example presented by petitioner, the majority of the gain deferred would appear to be attributable to the difference between the fair market value of the damaged trees and petitioner’s basis. Petitioner posed a hypothetical example which included the premises that the damaged trees had a $100 basis and a $475 selling price if sold in place. If the damaged trees were processed into logs, the processing cost would be $25 resulting in a $500 selling price. Petitioner further posits that the cost of milling timber is $100 and that a finished product would have a $610 selling price, resulting in $10 of gain from milling. Petitioner argues that, under this hypothetical, respondent would have allowed a deferral of the $375 gain if petitioner had sold the damaged trees in place. Petitioner contends that respondent has denied any deferral whatsoever, even though the milling of timber into a final product adds only $10 of additional gain in the context of petitioner’s hypothetical. We consider here only whether petitioner is entitled to use sec. 1033. The parties have left to another day the question of the amount of gain to be deferred if petitioner’s motion for partial summary judgment is granted. See infra note 6.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011