Pelaez and Sons, Inc. - Page 5




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          planting service under Mr. Hooker’s supervision.  The parties               
          agree that the costs incurred in establishing the citrus grove,             
          including purchase, bedding, installation of fertigation, and               
          irrigation of the trees are depreciable costs deductible over a             
          period of years.                                                            
               After the 1989 trees were planted, the corporation incurred            
          certain developmental or cultivation expenses (including                    
          herbicides, fertilizer, pesticides, interest, depreciation, and             
          care taking) that were not deducted for the years ended September           
          30, 1989 or 1990, but they were deducted in later years.  The               
          corporation deferred the deduction of the developmental expenses            
          due to a lack of regulatory guidelines and because it was not               
          known whether the citrus grove would produce a marketable crop              
          within 2 years of planting the 1989 trees.  At the end of a 2-              
          year productive period, the corporation reviewed the sales of               
          citrus in late 1990 and the potential for a 1991 crop based on              
          the spring blooms and decided to deduct, on its 1991 return, the            
          developmental expenses for the 1989 and 1990 taxable years.  The            
          corporation did not deduct the cost of the trees but depreciated            
          them over a rateable period.  For 1992 and subsequent taxable               
          years, the corporation deducted the developmental costs (i.e.,              
          herbicides, fertilizer, interest, depreciation, and care taking             
          expenses) for the 1989 trees for each year as incurred.                     








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