114 T.C. No. 28 UNITED STATES TAX COURT PELAEZ AND SONS, INC., CHRISTINA P. HOOKER, TAX MATTERS PERSON, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 18049-97. Filed May 30, 2000. Sec. 263A, I.R.C., enacted in 1986, requires the capitalization of developmental costs. For plants with preproduction periods that are 2 years or less, farmers may be excepted from the capitalization requirements. For certain plants, including citrus plants grown in commercial quantities in the United States, the statute requires that the standard for the 2-year test is to be based on a national weighted average preproductive period for that type of plant. If the preproductive period, so determined, is 2 years or less, citrus farmers could be excepted from the capitalization requirement of sec. 263A, I.R.C. No guidance had been issued as to the national weighted average preproductive period for citrus trees as of 1989, when P began growing citrus trees. Due to the lack of guidance, P did not deduct its developmental costs for the first 2 years and then determined, based on its growing experience, that some of its citrus trees were productive within 2 years. Based on that experience,Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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