Willamette Industries, Inc. - Page 13




                                       - 13 -                                         
          deferral of gain from the sale of damaged trees.  The factual               
          predicate for both rulings was as follows:                                  
               the taxpayer was the owner of timberland.  As a result                 
               of a hurricane, a considerable number of trees were                    
               uprooted.  The timber was not insured, and once downed,                
               was subject to decay or being rendered totally                         
               worthless by insects within a relatively short period                  
               of time.  The taxpayer was, however, able to sell the                  
               damaged timber and realized a gain from such sale.  The                
               proceeds of the sale were used to purchase other                       
               standing timber.                                                       
               The rationale articulated in Rev. Rul. 80-175, supra, is               
          that gain is “postponed on the theory that the taxpayer was                 
          compelled to dispose of property and had no economic choice in              
          the matter” and that the taxpayer “was compelled by the                     
          destruction of the timber to sell it for whatever the taxpayer              
          could or suffer a total loss.”  Id., 1980-2 C.B. at 231.                    
          Accordingly, the taxpayer in the 1980 ruling was found to have              
          met the two part test; i.e., that the damage was involuntary and            
          the timber was no longer available for the taxpayer’s intended              
          business purpose.  Most significantly, the 1980 ruling eliminated           
          the requirement that the damage-causing event convert the                   
          property directly into cash or other property.                              
               The 1980 ruling also contained a comparison with the holding           
          in C.G. Willis, Inc. v. Commissioner, supra, as follows:                    
                    In the present case, the downed timber was not                    
               repairable and was generally no longer useful to the                   
               taxpayer in the context of its original objective.  The                
               destruction caused by the hurricane forced the taxpayer                
               to sell the downed timber for whatever price it could                  






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