Willamette Industries, Inc. - Page 10




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          that Congress intended relief from involuntary conversions only             
          to the extent of the “proceeds of such conversion”, and expected            
          taxpayers to acquire replacement property within a reasonable               
          time.  Obviously, relief was intended only where the conversion             
          was involuntary.  Although Congress was concerned about the                 
          timeliness and “good faith” of efforts in seeking replacement               
          property, there was no explanation or particular focus upon the             
          use of damaged assets in the taxpayer’s business.                           
               Where the complete destruction or loss of property has                 
          occurred, there has been only a limited amount of litigation                
          about whether a taxpayer should be allowed to defer the attendant           
          gain.9  Where the destruction or loss to property is partial,               
          however, additional questions have arisen.                                  
               In C.G. Willis, Inc. v. Commissioner, 41 T.C. 468 (1964),              
          affd. 342 F.2d 996 (3d Cir. 1965), the taxpayer’s ship was                  
          damaged in a 1957 collision, and the insurance company paid                 
          $100,000 to the taxpayer.  The insurance payment was                        
          approximately $9,000 less than the taxpayer’s basis in the ship,            
          and, accordingly, no gain was realized for 1957.  In 1958,                  
          however, the taxpayer sold the damaged, but unrepaired, ship for            
          an amount which exceeded the remaining basis by approximately               
          $86,000.  Under those circumstances, it was held that the 1958              


               9 More often, the controversies focus upon which property              
          had been converted and/or the definition of “replacement                    
          property.”                                                                  




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