- 13 - defer to the agency’s interpretation as reflected in Pub. 538 and Rev. Proc. 96-31. Cf. Kurzet v. Commissioner, 222 F.3d 830 (10th Cir. 2000)(giving deference to the Commissioner’s contrary interpretation of section 1.446-1(e)(2)(ii)(b), Income Tax Regs.), affg. in part, revg. in part, and remanding T.C. Memo. 1997-54 and an Oral Opinion of this Court. Moreover, there is nothing in the record to indicate the adjustments that respondent made to reflect the change in classification of each item of the Equipment or that the rationale of Brookshire Bros. Holding, Inc. & Subs. is not appropriate to this case. For the foregoing reasons, we hold that the change in MACRS classification of each item of the Equipment is not a change in petitioner’s method of accounting. Since there is no change in method of accounting, an adjustment pursuant to section 481(a) is not required. Accordingly, we need not reach petitioner’s other contentions regarding equitable relief or section 481(b). To reflect the foregoing and petitioner’s concessions, Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13
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