Herbert C. Haynes, Inc. - Page 24

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               In Hi-Plains Enters., Inc. v. Commissioner, 60 T.C. 158                
          (1973), affd. 496 F.2d 520 (10th Cir. 1974), and Cameron v.                 
          Commissioner, T.C. Memo. 1982-259, two cases decided before the             
          enactment of section 447, we held that taxpayers who operated               
          commercial feedlots were “farmers” and the feedlot was a “farm”             
          under the Internal Revenue Code.  The taxpayers were permitted              
          to use the cash method pursuant to section 1.471-6(a), Income               
          Tax Regs.                                                                   
               The facts of the aforementioned farming cases are                      
          distinguishable from the facts of this case.  In the farming                
          cases, the taxpayers engaged in the business activity of                    
          farming, as defined in 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.  Section 1.471-6(a), Income Tax               
          Regs., permits taxpayers who meet the definition under these                
          sections to use the cash method.  See Maple Leaf Farms, Inc. v.             
          Commissioner, supra at 447.                                                 
               Unlike the taxpayers in Maple Leaf Farms, Inc., Hi-Plains              
          Enters., Inc., and Cameron, petitioner does not operate a                   
          “farm”, and its business activities do not meet the definition              
          of “the business of farming” or “farming” under these sections.             
          For example, in section 175(c)(2), which the Court cited in                 
          Maple Leaf Farms, Inc., “land used in farming” means “land used             
          * * * by the taxpayer or his tenant for the production of crops,            






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