Legal Opinion

Buena Vista Farms, Inc. v. Commissioner

United States Tax Court

Decided June 20, 1977No. Docket No. 7173-74Published

Held: B, a corporate farmer, held water primarily for sale in the ordinary course of its trade or business. Accordingly, the sale of 10 percent of its contractual right to receive payment in kind for water sold does not qualify as a sale or exchange of a capital asset under sec. 1221, I.R.C. 1954, and the gain attributable thereto is taxable as ordinary income.

1Opinion of the Court

Buena Vista Farms, Inc., Petitioner v. Commissioner of Internal Revenue, Respondent

Buena Vista Farms, Inc. v. Commissioner

Docket No. 7173-74

United States Tax Court

68 T.C. 405; 1977 U.S. Tax Ct. LEXIS 93;

June 20, 1977, Filed

Decision will be entered for the respondent.

Held: B, a corporate farmer, held water primarily for sale in the ordinary course of its trade or business. Accordingly, the sale of 10 percent of its contractual right to receive payment in kind for water sold does not qualify as a sale or exchange of a capital asset under sec. 1221, I.R.C. 1954, and the gain attributable thereto…

2Cases cited18 opinions

  1. Corn Products Refining Co. v. CommissionerSupreme Court of the United States · 1956
  2. Commissioner v. P. G. Lake, Inc.Supreme Court of the United States · 1958
  3. Hort v. CommissionerSupreme Court of the United States · 1941
  4. Arrowsmith v. CommissionerSupreme Court of the United States · 1952
  5. Commissioner v. Gillette Motor Transport, Inc.Supreme Court of the United States · 1960

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