- 20 - 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 investmentPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011