Pelaez and Sons, Inc. - Page 16




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               The evidence in this case appears to reflect that during the           
          1989 through 1994 years, the preproductive period for citrus                
          trees was, generally, more than 2 years.  It is evident that in             
          1989 when the corporation entered into the citrus growing                   
          business it employed the latest technological advances.                     
          Employing the most current technology, the corporation produced             
          only limited amounts of citrus from a limited number of its trees           
          within the first 2 years.  We cannot assume that, nationally,               
          other citrus farmers had achieved the same technological state of           
          the art.  It therefore appears possible, if not likely as argued            
          by respondent, that the nationwide average preproduction period             
          for citrus was more than 2 years.                                           
               The reports and testimony of the parties’ trial experts and            
          the reference sources provided by the parties also demonstrate              
          that the preproductive period for citrus plants was at least 2              
          years.  A text on Florida citrus growing (received as Exhibit 23-           


               10(...continued)                                                       
          deductions currently available against ordinary income and                  
          eventual capital gain upon sale of citrus groves.  This benefit             
          had resulted in “unfavorable economic consequences for the citrus           
          industry”, in the form of overproduction and depression of                  
          prices.  The capitalization requirement specifically addressed              
          that problem by requiring that the expenses be “charged to [the]            
          capital account” at least until the end of the third year after             
          the year of planting (4-year rule).  The legislative history,               
          however, did not contain specific recognition of an established             
          or recognized preproduction period with respect to citrus trees.            
          Congress, however, may have set the 4-year period to coincide               
          with the then (1969 or 1986) preproduction period for citrus                
          trees.  As evidenced in this case, however, the period may be               
          becoming shorter due to advanced farming technology.                        





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