Pelaez and Sons, Inc. - Page 22




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          choice to deduct rather than capitalize the production costs was            
          a change in the accounting method.                                          
               Respondent explains that the corporation, under section                
          263A, had capitalized (not deducted)12 its citrus grove                     
          production costs for its taxable years ended September 30, 1989             
          and 1990.  Beginning in 199113 and in later years, the                      
          corporation began deducting its production costs for the 1989 and           
          1991 trees.  Respondent contends that the corporation changed its           
          method of accounting for costs of citrus production in its 1991             
          taxable year.  Under respondent’s change in the accounting method           
          contention, respondent would be entitled to rely on section 481             
          to make an adjustment(s) to prevent a distortion of taxable                 
          income.  See sec. 481; Graff Chevrolet Co. v. Campbell, 343 F.2d            
          568, 572 (5th Cir. 1965); W.S. Badcock Corp. v. Commissioner, 59            
          T.C. 272 (1972), revd. on other grounds 491 F.2d 1226 (5th Cir.             
          1974).  Under section 481 respondent increases the corporation’s            
          1992 tax year income to adjust for the 1991 tax year deductions             



               12 Petitioner argues that it did not capitalize the 1989 and           
          1990 costs for the 1989 trees, but that it deferred deducting               
          them until it could be determined whether they met the 2-year               
          test of sec. 263A(d)(1)(A)(ii).  Petitioner’s characterization of           
          the corporation’s actions as deferring the deductions as opposed            
          to choosing to capitalize, however, is a distinction without a              
          difference.  In the context of this case and the subject statute,           
          the failure to deduct is necessarily the equivalent of a choice             
          to capitalize.                                                              
               13 In 1991, the corporation deducted the costs for its 1989,           
          1990, and 1991 taxable years.                                               





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