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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.
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