- 19 - intended purpose for the enactment ofsection 1033. Respondent argues that the purpose of section 1033 may be better served where a taxpayer is unable to process damaged property into the taxpayer’s usual product(s). But that disability is not a threshold for relief or a requirement of the statute. Section 1033 is a relief provision, and we are to construe it liberally to effect its purpose. Davis v. United States, 589 F.2d 446, 450 (9th Cir. 1979); Asjes v. Commissioner, 74 T.C. 1005, 1014 (1980).14 Respondent would have this Court impose its own judgment as to which taxpayer deserves relief. So, for example, if a taxpayer, like the one in the 1980 ruling, was growing trees for eventual sale, relief is available even though the taxpayer sells the damaged trees to its usual customers. Under respondent’s suggested approach, petitioner would not be entitled to relief because it had choices other than sale; i.e., to further process the damaged trees. Petitioner, under respondent’s approach, 13(...continued) systematically harvest trees and to maximize its profit. It was not petitioner’s intent to randomly cull and process trees that happened to become damaged. 14 Respondent also argues that, if petitioner is entitled to sec. 1033 relief in the circumstances of this case, the “narrowly tailored relief provision” will become difficult to administer (with respect to the deferral aspects) and permit relief whether or not it is needed. These arguments, made for purposes of emphasis, do not persuade us that the statute withholds relief in this situation.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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