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beet industry to report in the current year only 65 percent and
in the following year 35 percent of sugar beet income.
The use in the related regulations of the definite article
“the” to describe crop income that a farmer normally must defer
to a year following crop production (in order to qualify for the
section 451(d) deferral of related insurance proceeds) is not
consistent with the holding petitioners seek under which even a
relatively small deferral percentage of normal crop income would
result in eligibility under section 451(d) for full deferral of
100 percent of the related crop insurance proceeds.
For 2001, WJS-LLP and WJS-Partnership reported only
35 percent of sugar beet crop income from 2000 and (but for the
sugar beet crop damage) would have reported 65 percent of the
sugar beet crop income from 2001. Both of these figures suggest
that the crop insurance proceeds WJS-LLP and WJS-Partnership
received in 2001 should be reported in 2001. To hold otherwise
would further distort the income reported in 2001 and 2002
(namely, for 2001 only 35 percent of 2000 crop income would be
reported, but for 2002 100 percent of the insurance proceeds
received in 2001 and also 65 percent of 2002 sugar beet crop
income would be reported).
We conclude that on the facts before us, WJS-LLP and WJS-
Partnership and the petitioners are required to report as taxable
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Last modified: March 27, 2008