Oliver W. and Edna D. Wilson - Page 33




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          different evidence, the necessary evidence is a part of the                 
          record in this case, and he has met his burden of proof regarding           
          the section 263A issue.                                                     
               Because we believe that the record is sufficient to decide             
          the section 263A issue regardless of which party bears the burden           
          of proof and that petitioners are not subjected to unfair                   
          surprise or prejudice by the introduction of that issue, we                 
          proceed to consider respondent’s section 263A argument on the               
          merits.                                                                     
               C. Application of Section 263A                                         
               Section 263A was enacted as part of the Tax Reform Act of              
          1986 (TRA 1986), Pub. L. 99-514, sec. 803(a), 100 Stat. 2350, and           
          is generally effective for costs incurred after December 31,                
          1986, in taxable years ending after December 31, 1986.  TRA 1986            
          sec. 803(d)(1), 100 Stat. 2356.  In enacting section 263A,                  
          Congress intended that a single, comprehensive set of rules                 
          generally should govern the capitalization of costs, including              
          interest expenses, of producing, acquiring, and holding property            
          in order to more accurately reflect income and make the tax                 
          system more neutral.  Suzy’s Zoo v. Commissioner, 273 F.3d 875,             
          879 (9th Cir. 2001), affg. 114 T.C. 1 (2000); S. Rept. 99-313 at            
          140 (1986), 1986-3 C.B. (Vol. 3) 1, 140.  The term “produce” has            
          been construed broadly in order to give effect to legislative               








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