Treasury Regulations · 26 CFR
§ 1.61-4. Gross income of farmers.
Regulation text, no changes From the eCFR, current as of October 15, 2026. The eCFR is an authoritative but unofficial editorial compilation of the Code of Federal Regulations; the official text is the annual CFR on govinfo. Compare it with this section on ecfr.gov (external site) or the official annual CFR on govinfo (external site).
Regulation under 26 U.S.C. § 61
Cite as 26 CFR § 1.61-4
At a glance
Read from the text and its source citation. Not part of the regulation.
- Status
- In the current eCFR
- Issued
- November 26, 1960 by T.D. 6500
- Last amended
- August 22, 1997 by T.D. 8729
- Issued under
- 26 U.S.C. § 61
- Length
- 1,228 words · about 5 min to read
- Cross-references
- cites 9 Code sections and 1 regulation; cited by 5
The profit from the sale of livestock or other items which were purchased is to be ascertained by deducting the cost from the sales price in the year in which the sale occurs, except that in the case of the sale of purchased animals held for draft, breeding, or dairy purposes, the profits shall be the amount of any excess of the sales price over the amount representing the difference between the cost and the depreciation allowed or allowable (determined in accordance with the rules applicable under section 1016(a) and the regulations thereunder). However, see section 162 and the regulations thereunder with respect to the computation of taxable income on other than the crop method where the cost of seeds or young plants purchased for further development and cultivation prior to sale is involved. Crop shares (whether or not considered rent under State law) shall be included in gross income as of the year in which the crop shares are reduced to money or the equivalent of money. See section 263A for rules regarding costs that are required to be capitalized.
All livestock raised or purchased for sale shall be added in the inventory at their proper valuation determined in accordance with the method authorized and adopted for the purpose. Livestock acquired for draft, breeding, or dairy purposes and not for sale may be included in the inventory (see subparagraphs (2), (6), and (7) of this paragraph) instead of being treated as capital assets subject to depreciation, provided such practice is followed consistently from year to year by the taxpayer. When any livestock included in an inventory are sold, their cost must not be taken as an additional deduction in computing taxable income, because such deduction is reflected in the inventory. See the regulations under section 471. See section 263A for rules regarding costs that are required to be capitalized. Crop shares (whether or not considered rent under State law) shall be included in gross income as of the year in which the crop shares are reduced to money or the equivalent of money.
[T.D. 6500, 25 FR 11402, Nov. 26, 1960; 25 FR 14021, Dec. 31, 1960, as amended by T.D. 7198, 37 FR 13679, July 13, 1972; T.D. 8729, 62 FR 44546, Aug. 22, 1997]
Cross-references
Computed from the citations in the text of 26 CFR.
Code sections it cites
- § 1016 Adjustments to basis
- § 162 Trade or business expenses
- § 263A Capitalization and inclusion in inventory costs of certain expenses
- § 453 Installment method
- § 451 General rule for taxable year of inclusion
- § 446 General rule for methods of accounting
- § 77 Commodity credit loans
- § 175 Soil and water conservation expenditures; endangered species recovery expenditures
- § 6073 Repealed
Regulations it cites
Cited by 5 other regulations
Amendment history
From the source citation at the end of the section, newest first. T.D. is a Treasury decision; FR is the Federal Register.
- Amended by T.D. 8729 (62 FR 44546)
- Amended by T.D. 7198 (37 FR 13679)
- Amended (25 FR 14021)
- Issued by T.D. 6500 (25 FR 11402)
Where it sits in 26 CFR
- Subchapter A Income tax
- Part 1 Income taxes
- Definition of Gross Income, Adjusted Gross Income, and Taxable Income
Nearby sections
- § 1.61-1 Gross income.
- § 1.61-2 Compensation for services, including fees, commissions, and similar items.
- § 1.61-3 Gross income derived from business.
- § 1.61-4 Gross income of farmers.
- § 1.61-5 Allocations by cooperative associations; per-unit retain certificates—tax treatment as to cooperatives and patrons.
- § 1.61-6 Gains derived from dealings in property.
- § 1.61-7 Interest.
- § 1.61-8 Rents and royalties.