Jon W. and Kristi Nelson, et al. - Page 7




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                                     Discussion                                       
               Generally, a cash method taxpayer reports income in the year           
          of receipt.  Sec. 451(a).  However, under section 451(d) an                 
          exception is provided for farmers if they normally report income            
          from the sale of crops in a year following crop production.                 
          Under the section 451(d) exception, a cash method farmer who                
          normally reports income from the sale of his crops in the year              
          following crop production may elect to defer treating as income             
          crop insurance proceeds received in a year until a following                
          year.  Section 451(d) provides as follows:                                  


               SEC. 451.  GENERAL RULE FOR TAXABLE YEAR OF INCLUSION.                 
          (d)  Special Rule for Crop Insurance Proceeds or                            
               Disaster Payments.--In the case of insurance proceeds                  
               received as a result of destruction or damage to crops, a              
               taxpayer reporting on the cash receipts and disbursements              
               method of accounting may elect to include such proceeds in             
               income for the taxable year following the taxable year of              
               destruction or damage, if he establishes that, under his               
               practice, income from such crops would have been reported in           
               a following taxable year. * * *  An election under this                
               subsection for any taxable year shall be made at such time             
               and in such manner as the Secretary prescribes.                        

               Although the above statute does not expressly provide that             
          under the farmer’s normal tax reporting for crop income “all” (or           
          some particular percentage) of a farmer’s crop income must be               
          deferred to a following year in order to qualify for the section            
          451(d) 1-year deferral of crop insurance proceeds received, the             






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