- 33 - 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 legislativePage: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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