- 14 - We acknowledge that the word “substantial” appears in other contexts throughout the Internal Revenue Code as well as throughout the regulations and often is used to refer to “less than 50 percent”.4 Although the statutory and regulatory provisions are not free of ambiguity, we agree with respondent’s position. As explained, the legislative history of the deferral provision of section 451(d) makes it clear that Congress was concerned not about “all” mismatches between years of a farmer’s income and expenses. Rather, Congress was concerned about farmers whose crops were produced in one year but sold in and therefore generated income only in the following year. The stipulated evidence does not tell us when WJS-LLP and WJS-Partnership sold their sugar beet crops--in the year of production or in the following year (or over the course of both years). The stipulated evidence does not explain to us the basis for the apparent accounting and tax convention used in the sugar 4 For example, under sec. 45D(d)(2)(A)(ii) and (iii), relating to the qualified status of an active low-income community business in connection with the new markets tax credit, “substantial” refers to 40 percent of tangible business assets and services in a low-income community. Sec. 1.45D-1(d)(4)(i)(B) and (C), Income Tax Regs. Under sec. 6662(d)(1)(A), “substantial” may refer to an understatement of tax of just 10 percent of the tax required to be shown on a return.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 NextLast modified: March 27, 2008