- 6 - After filing the amended returns for prior years, petitioner filed original Forms 1120 for the years ended in April of 1996 and April of 1997. On these returns, the gas stations were classified and depreciated as 15-year property. Petitioner at no time filed a Form 3115, Application for Change in Method of Accounting, with respect to the gas station properties. Respondent subsequently examined petitioner’s returns for the tax years ended in 1996 and 1997 and issued a notice of deficiency with respect to those years on December 8, 1998. Therein, respondent determined, among other things, that petitioner’s deductions for depreciation must be decreased because petitioner, in treating the gas stations as 15-year property, had engaged in a change of accounting method without the consent of the Commissioner. Respondent computed the amount of such decreases in depreciation expense as being $302,101 and $257,833 for the years ended in 1996 and 1997, respectively. The corresponding increases in taxable income resulted in deficiencies that are the subject of this litigation. Discussion I. General Rules A. Accounting Methods As a threshold premise, section 446(a) sets forth the general rule that “Taxable income shall be computed under the method of accounting on the basis of which the taxpayer regularlyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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