Pelaez and Sons, Inc. - Page 2




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               P, in 1991, claimed to be excepted from the                            
               capitalization requirement of sec. 263A, I.R.C., and                   
               deducted the preproductive costs for 1989, 1991, and                   
               1992.  R determined that P was not entitled to deduct                  
               the costs.                                                             
                    Held:  P is not entitled to use its own growing                   
               experience to measure whether it meets the 2 years or                  
               less standard.  Held, further, P must capitalize its                   
               preproductive development costs for its citrus trees.                  


               Philip A. Diamond and Daniel C. Johnson, for petitioner.               
               Charles A. Baer and James F. Kearney, for respondent.                  


               GERBER, Judge:  Respondent issued a notice of final S                  
          corporation administrative adjustment (FSAA) for Pelaez and Sons,           
          Inc.’s (corporation), taxable years ended September 30, 1992,               
          1993, and 1994, reflecting net adjustments in the amounts of                
          $1,514,209, $46,148, and ($155,814), respectively.  The question            
          we consider is whether the corporation is required, under the               
          provisions of section 263A,1 to capitalize developmental expenses           
          in connection with citrus trees.  Respondent did not issue                  
          guidance as to the “nationwide weighted average preproductive               
          period” for citrus trees (the standard in section 263A), and we             
          must decide whether the corporation’s use of its own experience             
          will suffice to meet the statutory standard.  If, under section             
          263A, the corporation is required to capitalize, it argues that             


               1 Unless otherwise indicated, section references are to the            
          Internal Revenue Code, as amended and in effect for the taxable             
          periods under consideration.                                                




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