Herbert C. Haynes, Inc. - Page 23

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          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.                                                                       





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