Brookshire Brothers Holding, Inc. and Subsidiaries - Page 1















                                 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-                





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