- 22 - Petitioner’s Position Petitioner’s position is that it is not required to obtain the consent of the Secretary under section 446(e) as a prerequisite to making this change. In support of that position, petitioner makes two arguments. First, petitioner argues the change that it seeks to make is not a change of method of accounting for purposes of section 446(e). Rather, according to petitioner, it is a recharacterization of the expenses from development expenditures to production costs. Second, petitioner argues, even if the change in its tax reporting of overburden removal costs is a change of accounting method, petitioner can still make the change without the Secretary’s consent. According to petitioner, there is no need for the application of section 446(e) or section 481 in this case because correcting the treatment of overburden removal costs would not distort petitioner’s income. In support of its first argument, petitioner explains that the mistake in its reporting of the overburden removal costs at the Gillette mine resulted from its mischaracter- ization of the mining method that Cordero employed at the mine. According to petitioner, it had incorrectly viewed Cordero’s mining method as open pit mining, rather than strip mining and, as a consequence, it had incorrectlyPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
Last modified: May 25, 2011