- 2 - 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.Page: Previous 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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