- 17 -
accounting method by reason of analogy to the useful life
exception contained in section 1.446-1(e)(2)(ii)(b), Income Tax
Regs. Accordingly, we need not reach the parties’ other
contentions regarding the existence of a mere correction, a
consistently adopted method, or consent from the Commissioner.
As a final note, we observe that neither party has cited
section 168(e)(3)(E)(iii), enacted as part of the Small Business
Job Protection Act of 1996, Pub. L. 104-188, sec. 1120(a), 110
Stat. 1765. Nor have they asked us to address the application of
Rev. Proc. 97-10, 1997-1 C.B. 628, promulgated under such
statute, to situations similar to that presently before the
Court. We thus express no opinion as to the reach of the useful
life exception in the section 168(e)(3)(E)(iii) context or in
other circumstances where Congress or the Commissioner has
explicitly set forth procedures relating to particular
depreciation adjustments.
To reflect the foregoing and to give effect to concessions,
Decision will be entered
under Rule 155.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17
Last modified: May 25, 2011