- 23 - explicitly, and intentionally” permit petitioner’s use of the cash method. C. Section 1.471-6(a), Income Tax Regs.--Whether Petitioner Is a “Farmer” Petitioner cites various cases in which we held that the taxpayers were farmers and thus were entitled to use the cash method. In Maple Leaf Farms, Inc. v. Commissioner, 64 T.C. 438 (1975), we held that a duck grower was entitled to use the cash method under section 1.471-6(a), Income Tax Regs. We looked to other sections to determine whether the duck grower was a “farmer” and whether the place where the duck growing process occurred was a “farm” for purposes of section 1.471-6(a), Income Tax Regs. Id. at 447 (citing sections 175(c)(2), 180(b), 182(c), and 6420(c)(2) and (3) and sections 1.61-4(d), 1.175-3, 1.180-1(b), and 1.182-2, Income Tax Regs.). In Maple Leaf Farms, Inc., the facts evidenced that the taxpayer was integrally involved in the process of growing ducks it raised on its own property and in the process of growing ducks it supplied to independent growers. Id. The taxpayer also bore a substantial risk of loss. Id. at 448. Thus, the taxpayer’s “participation in the activities of its growers was sufficient to constitute it a ‘farmer’ and accordingly it may use the cash receipts and disbursements method of accounting in respect of its ducks.” Id. at 452; see also sec. 1.471-6(a), Income Tax Regs.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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