- 22 - 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.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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