- 14 - get. Unlike the situation in Willis, the sale of the downed timber was dictated by the damage caused by the hurricane. [Rev. Rul. 80-175, supra, 1980-2 C.B. at 232.] The taxpayer in the 1980 ruling apparently intended to grow trees and/or hold timberland for sale at a particular maturity. The hurricane caused the taxpayer to involuntarily sell/use the trees prior to the time intended for harvest or sale. The taxpayer’s intended purpose or use was only affected as to timing, and the sale was prior to the time the taxpayer intended to sell or harvest. Returning to the disagreement here, petitioner contends that, at the time of the damage, it did not intend to harvest the damaged trees, so that the conversion was involuntary and within the meaning of the statute.10 Petitioner argues that a taxpayer may not have a choice as to whether to dispose of damaged property, but a taxpayer may have a choice as to how to dispose of damaged property. Respondent contends that petitioner should not be entitled to such deferral because of its choice to further process the 10 Petitioner also relies on the published revenue rulings and on a number of private letter rulings (PLRs), which it contends permitted sec. 1033 deferral in factual circumstances substantially similar to those we consider here. On brief, the parties devoted a relatively large portion of their arguments to discussing the PLRs. Although we have considered the rationale used by the parties in discussing the rulings, the parties and the Court are statutorily proscribed from citing the PLRs as precedent. See sec. 6110(k)(3).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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