Green Forest Manufacturing Inc. - Page 13




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          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.                          














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