- 2 - Petitioner disputes the above deficiencies and further claims to have overpaid income taxes for 1979, 1981, and 1983 by at least $25,082,591, $6,881,055, and $14,137,211, respectively. After concessions, there are three issues for decision in this case. Each issue is the subject of a separate opinion. The issue that is the subject of this opinion involves the deductions claimed on petitioner’s returns for 1983, 1984, and 1986 for certain expenses incurred in removing the overburden at a strip mine. Specifically, the issue is whether petitioner is entitled to change the income tax treatment of the subject overburden removal expenses from the treatment applicable to development expenditures, as reported on petitioner’s returns, to the treatment applicable to production costs. This issue turns on whether that change is foreclosed because it is based upon a change of method of accounting as to which petitioner had not first secured the consent of the Secretary under section 446(e). Unless stated otherwise, all section references are to the Internal Revenue Code as in effect during the years in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. For purposes of this opinion, the tax years in issue are 1983, 1984, and 1986.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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