Willamette Industries, Inc. - Page 20




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          would be deprived of relief from involuntarily generated gain               
          merely because of happenstance.  Under that type of reasoning,              
          petitioner would be denied relief merely because it was a grower            
          of trees and also a manufacturer of products using trees, whereas           
          a similarly situated grower of trees without the ability to use             
          the damaged trees to make products would be entitled to relief,             
          even though its damaged trees might ultimately be manufactured              
          into products by others.  The line respondent asks us to draw               
          would be illusive and a matter of conjecture.                               
               Petitioner was growing its trees for harvest when they                 
          reached a certain maturity.  The damage occurred outside of                 
          petitioner’s control and forced petitioner to salvage its trees             
          earlier than intended.  That situation is indistinguishable from            
          the circumstances set forth in Rev. Rul. 80-175, 1980-2 C.B. 230,           
          where the taxpayer’s trees were felled by a hurricane.  The fact            
          that the damage was sufficiently partial so as to result in a               
          substantial amount of deferral is not a reason, under the                   
          statute, to deny relief.                                                    
               We read the statute in light of respondent’s Rev. Rul. 80-             
          175, supra, which has been outstanding for 22 years.                        
               In view of the foregoing,                                              
                                             Appropriate orders will be               
                                        issued.                                       








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