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Master Index > "Capital Asset" to "Cutting Contracts"

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Capital Asset

Defined

IRC Section 1221
Broadhead (1972)
Everett
Forbes
Huxford
Norton
Ouderkirk
Powe
Ag. Handbook (pg. 21, 50-53)
see also "Outright Sale, Capital Gain v. Ordinary Income" this index

Ownership of - effect of prior disposal

Capital v. Expense

Generally

Developmental expenses

Rev. Rul. 75-405
Maple
Wagner Mills
see also "Uniform Capitalization Rules" this index

Hardwood tree control

Logging roads

Option to capitalize

Rent

Road construction costs

Taxes

Capital Gains

Generally
Ag. Handbook (pg. 50)

Built-in

Rev. Rul. 2001-50

Tax rate

5-year holding period

Capital v. Ordinary Loss

see "Losses" this index

Capitalization

see "Capital v. Expense" this index

Carbon Credits

Revenue Procedure 92-91

Carrying Charges

Generally
IRC Section 266
Regs. 1.266-1
Parker Tree Farm
Warner Mountains Lumber Co.
Ag. Handbook (pg. 39)
see also "Timber Stand Improvement" this index

Case Law

In general
Ag. Handbook (pg. 100)

Casualty Losses

Generally

Basis limitation of deduction

Burden of proof

Capital gains set-off

Drought

Failure of proof

Fire loss

Formula for computing loss

see "Method for Computing Loss" this heading

Freeze loss

Fungi loss

Hurricane & tornado

Ice storm

Insect

Land damage

Logging roads

Methods of computing loss

Nonbusiness property

Partial destruction

Pre-1958 losses

Pulpwood destroyed

failure to prove basic

Section 1231 effect

Separate treatment of land and trees

Suddenness

Suffocation

Timber destroyed

Uninsured losses

Value of remaining trees undiminished

Year of deduction

Young growth

no deduction allowed

Charitable Contribution

Generally
IRC Section 170

Conservation easements

generally
IRC Section 170(h)
Turner

value of retained property

Excahanges of timberland with state

Timber for timberland

Christmans Trees

Generally

As timber (1986 Code)

Not timber (1939 Code)

Rev. Rul. 53-217

"Choose and Cut" sales

Expenses in Christmas tree operation

Fair market value, how determined

Shearing expenses

Condemnations

Generally
Ag. Handbook (pg. 71)

Conservation Easement

see "Charitable Contribution" this index

Conservation Reserve Program (CRP)

Generally
Ag. Handbook (pg. 28, 58)

Contract Right to Cut v. Service Contract

see "Cutting as a Sale or Exchange" this index

Cost-Sharing Payments

Excluded from income

Recapture

Taxable income when received

Court System

Generally
Ag. Handbook (pg. 101)

Crop Method of Accounting

Rev. Rul. 76-242

Cruising Expenses

Generally
Rev. Rul. 71-334
Alabama Mineral Land Co. (1956)
Brown (1963)
Robinson Land & Mineral Co.
Warner Mountains Lumber Co.
Ag. Handbook (pg. 45)

Cut-over Land, Sale of

see "Outright sale - Capital Gain v. Ordinary Income" this index

Cutting as Sale or Exchange

Generally

Christmas Trees

Contract right to cut

date of acquiring

effect of limitation on taxpayers right to sell

effect of taxpayers option to sell logs to grantor

effect of grantors option to purchase logs

exchange of

ownership contrasted

proprietary interest requirement

service contract distinguished

Date of cutting

Election, how made

Election by a partnership

Examples of how section operates

Fair market valueof timber cut under election

Gain or loss how computed

timber cut under election

timber products resulting from cutting

Holding period

Proprietary interest requirement

see "Contract Right to Cut" this heading

Revocation of election, limitation on

Theft

used as evidence of

Who may make election

IRC Section 631(a)
Regs. 1.631-1(b)(1)
Watkins
see also "Contract right to cut" this heading

Partnership

Year of cutting

Cutting Contracts

Generally (shares contract)

Assignment or sale of

Exchange of

Long-term

Outright sale - capital gain v. ordinary income

Valuation of

 

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