- 18 - Finally, respondent contends that section 1033 was intended to provide relief for taxpayers who experience “destruction [of property] in whole or in part”. Although respondent agrees that petitioner had a casualty, damage to the trees, and petitioner was compelled to salvage them, respondent infers that petitioner’s situation is somehow not directly affected by the destruction. Respondent contends that petitioner’s gain is voluntary or not caused by the damage because petitioner is able to process the logs into finished products. Admittedly, petitioner’s circumstances may appear more favorable than might have been expected after a “casualty”, but the statute does not have a quantitative threshold. Petitioner is not seeking a windfall in the form of the deferral of gain from processing and/or making the finished products. Nor is petitioner attempting to “utilize the involuntary interruption in the continuity of his investment to alter the nature of that investment tax free.” Filippini v. United States, 318 F.2d at 844. Petitioner is seeking to defer the unexpected gain that resided in trees that it had not, at the time of the damage, intended to harvest and to reinvest that gain in trees that will fulfill petitioner’s intended purpose.13 Such deferral was the 13 Contrary to the import of respondent’s argument, petitioner did not intend to harvest trees that happen to become diseased or damaged. Petitioner intended to efficiently and (continued...)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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