Willamette Industries, Inc. - Page 6




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          rather than being compelled simply to sell the damaged trees.6              
               Respondent contends that under section 1033 the realization            
          of gain must stem directly or solely from the damage and the                
          involuntary conversion.  More particularly, respondent asserts              
          that petitioner’s conversion was not “involuntary” because                  
          damaged trees were processed into end products in the ordinary              
          course of its business.  Respondent points out that section 1033            
          is a relief provision which does not or should not include                  
          petitioner’s situation; i.e., where the damaged trees are                   
          processed in the same manner as undamaged trees.  Finally,                  
          respondent contends that section 1033 was not intended for the              
          long-term deferral of profits from petitioner’s timber processing           
          and manufacturing business.7                                                
               Petitioner argues that its factual situation complies                  
          literally with the requirements of section 1033 allowing deferral           
          of gain realized from salvaging its damaged trees.  Specifically,           


               6 The parties have isolated this issue from other unresolved           
          issues, including petitioner’s substantiation of the quantity and           
          value of the damaged trees; the amount of gain realized from sale           
          of damaged trees; the amount of gain that may be deferred; and              
          the determination of the correct year(s) for deferring the gain.            
               7 Respondent’s contention appears to address the possibility           
          that petitioner reinvested the proceeds (and deferred gains) from           
          the sale of the damaged trees in replacement property in the form           
          of relatively young trees, thereby resulting in lengthy deferral            
          of the subject gains.  Respondent’s contention, however, is more            
          properly directed at the question of whether petitioner                     
          reinvested the proceeds in qualified replacement property, a                
          question which is not at issue in the cross-motions for partial             
          summary judgment.                                                           




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