Sunoco, Inc. and Subsidiaries - Page 20

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             the subject overburden removal costs should have been                    
             treated as production costs.  As such, these costs should                
             have been included in petitioner’s cost of goods sold                    
             and should have offset gross income from sales, see                      
             sec. 1.61-3(a), Income Tax Regs., and no part of those                   
             costs should have been capitalized and amortized.                        
                  Significantly, this is the manner in which petitioner               
             treated the subject overburden removal costs for financial               
             accounting purposes, as described above.  From 1976, when                
             mining on the Gillette property started, until 1993 when                 
             petitioner sold Cordero, Cordero consistently treated the                
             overburden removal costs incurred at the Gillette mine on                
             its books as a cost of producing the coal, and it included               
             those costs in Cordero’s cost of goods sold.                             
                  In these proceedings, petitioner seeks to treat the                 
             subject overburden removal costs incurred at the Gillette                
             mine during 1983, 1984, and 1986 as production costs on its              
             tax returns for those years.  If petitioner were permitted               
             to do so, the subject overburden removal costs would be                  
             treated as increases of petitioner’s cost of goods sold                  
             for the year in which the costs were incurred, and no part               
             of such costs would be subject to capitalization under                   
             sections 291(b)(1)(B) and (2)(B)(i), or included in                      
             qualified investment for purposes of computing investment                






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