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Level 3
March 9, 2020
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Milk Quota

  • March 9, 2020
  • 3 replies
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Client purchased milk quota late 90s and early 2000s.  At that time my research indicated that milk quota were no amortizable but were treated as "land".  I can not find that research.  Now client considering selling the quota.  Should it have been amortized.

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Best answer by qbteachmt

Goodwill?  Franchises?  Trademarks? Patents? 


Trademarks are renewed (have a legal life) or expire. You typically amortize goodwill over the useful life, and I remember reading how Goodwill assigned to a customer list was even expensed all at once for a business with recurring or subscription services, and they could show the loss of customers that did not renew. Pub 535 has info about this, and franchises are covered in there.

This looks useful: "The IRS disallowed the deduction on the basis that the rights had an indefinite duration."

There is a section for Government Allotments or Quotas. 

https://lawprofessors.typepad.com/agriculturallaw/2018/11/non-depreciable-items-on-the-farm-or-ranch.html

"Because the actions of Congress were completely unpredictable, the Tax Court held that the peanut program base acreage allotment was indeterminant and the associated cost to the taxpayer was not depreciable.  Later, in C.C.A. [social security number removed] (Jul. 16, 2004), the IRS noted that three additional farm bills had become law since the Tax Court’s ruling in Wenzel and the peanut program continued.  That lead the IRS to conclude that the duration of the peanut program could not be determined with reasonable certainty or accuracy.  Consequently, the IRS determined, the peanut base acreage allotment did not have a determinable useful life and could not be depreciated."

"But a transferable right to receive a premium price for a fixed quantity of milk in accordance with a regional milk marketing order has been held to be amortizable (e.g., the cost could be spread over the useful life – 15 years) when it has a statutory expiration date and is not expected to be renewed.  For example, in Van de Steeg v. Comr., 60 T.C. 17 (1973), aff’d., 510 F2d 961 (9th Cir. 1975), the taxpayers were dairy farmers who marketed their milk production subject to a Federal Milk Marketing Order.  On several occasions they purchased an intangible asset (referred to as a "class I milk base") which they used in their dairy business. They claimed depreciation for the milk base and IRS disallowed the deduction on the basis that the asset had an indeterminable useful life – it depended on the will of the Congress whether or not to extend the program.  The Tax Court (affirmed by the Ninth Circuit) held that the program that created the class I milk base always contained an express termination date and the existence of two extensions did not change the fact that a termination date always existed, even though the date had changed.  While the IRS disagrees with the Van de Steeg opinion, it did announce that it would follow it.  Rev. Rul. 75-466, 1975-2 C.B. 74."

3 replies

qbteachmt
Level 15
March 9, 2020

"Should it have been amortized."

Amortization and Depreciation are processes that generally account for "starting value with changes over time that are a result of loss of that value, so let me write off part of it, each time"

"Now client considering selling the quota."

Which is likely why you treated it like land = does not Wear Out over time, has basis against future sale, and is subject to the Marketplace for ownership. For instance, land, and separately, the perpetual easement.

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IRonMaN
Level 15
March 9, 2020

I'm not sure what a milk quota is but it sounds more like an intangible that gets amortized than it does land.

Slava Ukraini!
qbteachmt
Level 15
March 9, 2020

I think it's more like a liquor license in MT, which is issued under a lottery system, regulated, and starts at about $357,000; it's good in perpetuity until you sell it to another property owner in the same region, because there is a quota system in place.

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RoyS976Author
Level 3
March 9, 2020

Related to MT Liquor license.  

Are they amortized?

 

Also, since amortization was never taken, would that qualify as a change in accounting policy in order to avoid the "allowable" aspect of basis computation

BobKamman
Level 15
March 9, 2020

Are we talking about an American farmer?  All the references I find to milk quotas are in Canada, the UK, Ireland or New Zealand.  

RoyS976Author
Level 3
March 10, 2020

yes California Farmer.  

To promote stability in the dairy industry, California’s milk marketing program establishes minimum prices that processors must pay for fluid grade or Grade A milk received from dairy farmers based on end product use. These prices are established within defined marketing areas where milk production and marketing practices are similar.

BobKamman
Level 15
March 10, 2020

A good explanation:

https://www.capitalpress.com/ag_sectors/dairy/california-dairy-farmers-in-quandary-over-quota/article_bfbd7cc8-3ca6-11ea-946d-3b85556d0cb0.html

So I guess all those things they say about California are true.  Land of fruits and nuts, and brown cows.  Well, OK, now they are newsom cows.  Doesn't look anything like a liquor license to me, because the purchase was voluntary.  There are enough special rules for farmers, I wouldn't be surprised if it could have been expensed when bought.  Sort of like field tile, but intangible.