Jon W. and Kristi Nelson, et al. - Page 14




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               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.                                                       





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