TAXATION-FEDERAL INCOME TAX-GAIN ON SALE OF LIVESTOCK

Taxpayer was engaged in the business of raising and breeding beef cattle. Each year he would add to the breeding herd the young females raised the previous year and would cull from the herd those older cows who had outlived their most productive years and such young heifers as had proved unproductive. These culls were sold on the market, and taxpayer returned the amounts received from these sales as capital asset gain. The Commissioner assessed a deficiency claiming the sales resulted in ordinary income.

Held, the sale of culls from a breeding herd is treated as a sale of capital assets under section 117(j) of the Internal Revenue Code. Miller v. United States, (D.C. Neb. 1951) 98 F. Supp. 948.