T.C. Memo. 2001-150 UNITED STATES TAX COURT BROOKSHIRE BROTHERS HOLDING, INC. AND SUBSIDIARIES, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 4522-99. Filed June 22, 2001. In the early 1990’s, P constructed, placed into service, and began depreciating gas station properties. P, an accrual method taxpayer, calculated its depreciation deductions for tax purposes using the modified accelerated cost recovery system (MACRS) of sec. 168, I.R.C. On its returns for the years ended in 1993, 1994, and 1995, P classified and depreciated the gas stations as nonresidential real property, with a 31.5- or 39-year recovery period. Subsequently, P filed amended returns for those years reclassifying the gas stations as 15-year property, based upon an Industry Specialization Program Coordinated Issue Paper issued by the Internal Revenue Service. R then remitted refunds. P thereafter filed original returns for the years ended in 1996 and 1997 which depreciated the gas stations as 15-year property. R challenged this treatment as an unauthorized change in accounting method. Held: In filing returns for the years ended in 1996 and 1997 which depreciated the gas stations as 15-Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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