- 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 couldPage: 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