Jon W. and Kristi Nelson, et al. - Page 8




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          regulations under section 451(d) do use the definite article and            
          refer to “the” income from crops.  Section 1.451-6(a)(1), Income            
          Tax Regs., provides in relevant part as follows:                            

               § 1.451-6.  Election to include crop insurance proceeds                
               in gross income in the taxable year following the                      
               taxable year of destruction or damage.--(a)  In                        
               general.--(1)  For taxable years ending after                          
               December 30, 1969, a taxpayer reporting gross income on                
               the cash receipts and disbursements method of                          
               accounting may elect to include insurance proceeds                     
               received as a result of the destruction of, or damage                  
               to, crops in gross income for the taxable year                         
               following the taxable year of the destruction or                       
               damage, if the taxpayer establishes that, under the                    
               taxpayer’s normal business practice, the income from                   
               those crops would have been included in gross income                   
               for any taxable year following the taxable year of the                 
               destruction or damage.  * * *  [Emphasis added.]                       

               Similarly, with regard to the time and manner of making an             
          election to defer crop insurance proceeds, section 1.451-                   
          6(b)(1)(iii), Income Tax Regs., uses the definite article and               
          refers to “the” income.2                                                    


               2  Sec. 1.451-6(b)(1), Income Tax Regs., provides in part as           
          follows:                                                                    
               § 1.451-6.  Election to include crop insurance proceeds                
               in gross income in the taxable year following the                      
               taxable year of destruction or damage.--                               
                                                                                     
                       *     *     *     *     *     *     *                          
               (b)(1)  Time and manner of making election.–-The                       
               election to include in gross income insurance proceeds                 
               received as a result of destruction of, or damage to,                  
               the taxpayer’s crops in the taxable year following the                 
               taxable year of such destruction or damage shall be                    
                                                             (continued...)           





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