- 9 - OPINION The parties have conflicting interpretations of section 263A. Petitioner argues that the statutory requirement that the standard be based on a national weighted average is invalid and should be disregarded in favor of an approach where each taxpayer’s experience should be the measure of whether the section 263A “within 2 years test” is met. Respondent argues that the nationwide average is valid even though no guidance had been issued. Respondent also notes that any guidance that could have been issued would not have supported petitioner’s position. The statute requires taxpayers to capitalize certain direct and indirect expenses or costs. See sec. 263A(a)(1). Section 263A does not apply to “any plant which has a preproductive period of 2 years or less” if produced by the taxpayer in a farming business. Sec. 263A(d)(1)(A)(ii). A “preproductive period” means “in the case of a plant which will have more than 1 crop or yield, the period before the 1st marketable crop or yield from such plant”. Sec. 263A(e)(3)(A)(i). For plants grown in commercial quantities in the United States, that crop will be within or without the 2-year period based on “the nationwide weighted average preproductive period for such plant.” Sec. 263A(e)(3)(B). Section 263A(i) provides that the “Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section”. SectionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011