Brookshire Brothers Holding, Inc. and Subsidiaries - Page 5




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               Then, on July 15, 1996, petitioner filed with the Internal             
          Revenue Service an Amended U.S. Corporation Income Tax Return,              
          Form 1120X, for each of the tax years ended in 1993 through 1995.           
          On these amended returns, petitioner reclassified the gas                   
          stations as 15-year property under the MACRS rules and,                     
          consistent therewith, recalculated depreciation utilizing the 150           
          percent declining balance method and a 15-year recovery period.             
          Petitioner also included the following explanation with each Form           
          1120X:  “THE DETERMINATION WAS MADE THAT GAS STATION CONVENIENCE            
          STORES SHOULD BE RECLASSED FROM 31.5 AND 39 YEAR PROPERTY TO 15             
          YEAR PROPERTY BASED ON THE ATTACHED MEMO.”  The memo so                     
          referenced and attached was a copy of an Industry Specialization            
          Program Coordinated Issue Paper for Petroleum and Retail                    
          Industries (ISP paper).                                                     
               The ISP paper, issued by the Internal Revenue Service with a           
          stated effective date of March 1, 1995, set forth the test under            
          which a convenience store would qualify as 15-year property,                
          rather than nonresidential real property, for MACRS depreciation            
          purposes.  In general, the ISP paper required that the store be             
          used primarily to market petroleum products.  At some time                  
          thereafter, the Internal Revenue Service issued to petitioner               
          refunds of the full amount claimed in the amended returns for               
          years ended in 1993 and 1994 and a partial refund of the amount             
          claimed for the year ended in 1995.                                         






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