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               Commissioner v. Brookshire Bros. Holding, Inc. & Subs.,                
               ___ F.3d ___ (5th Cir., Jan. 29, 2003), affg. T.C.                     
               Memo. 2001-150, followed.                                              
               Robert J. Gumser, for petitioner.                                      
               Yvonne M. Peters, for respondent.                                      
                       MEMORANDUM FINDINGS OF FACT AND OPINION                        
               NIMS, Judge:  Respondent determined Federal income tax                 
          deficiencies for petitioner’s tax fiscal years ended in August              
          1996, August 1997, and August 1998, in the amounts of $147,277,             
          $31,983, and $46,729, respectively.  At trial, petitioner                   
          conceded that the modified accelerated cost recovery system                 
          (MACRS), alternative depreciation system rules, in accordance               
          with section 168(g)(1), required petitioner to use a 10-year                
          recovery period and the straight-line method of depreciation for            
          items of petitioner’s equipment that were placed in service after           
          1986 and used predominantly outside of the United States.  The              
          issue for decision is whether a change in MACRS classification              
          that results in a change in depreciation method and recovery                
          period is a change in method of accounting for purposes of an               
          adjustment pursuant to section 481(a).                                      
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