- 2 - year property, P did not violate the rules set forth in sec. 446(e), I.R.C., regarding changes in method of accounting. William H. Lester, Jr., Matthew S. Parkin, and Joshua A. Sutin, for petitioner. David B. Mora and W. Lance Stodghill, for respondent. MEMORANDUM OPINION NIMS, Judge: Respondent determined Federal income tax deficiencies for petitioner’s tax years ended April 1996 and April 1997, in the amounts of $54,645 and $71,260, respectively. After concessions, the sole issue for decision is whether deductions taken by petitioner, for depreciation of gas station properties, represent a change in accounting method made without securing the “consent of the Secretary” as required under section 446(e). (Section 1.446-1(e)(2)(i), Income Tax Regs., substitutes “consent of the Commissioner” for consent of the Secretary, which practical substitution we henceforth adopt.) Additional adjustments made in the statutory notice of deficiency are computational in nature and will be resolved by our holding on the foregoing issue. Unless otherwise indicated, all section references are to sections of the Internal Revenue Code in effect for the years at issue, and all Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011