- 24 - treated all of Cordero’s overburden removal costs as production costs on its federal income tax returns, except for the amount capitalized due to the mischaracterization.” (Emphasis supplied.) Petitioner argues that it is not attempting to change its method of accounting for production costs or its method of accounting for mine development costs, nor is it attempting to change the treatment of a material item. According to petitioner, adjusting a deduction, as it proposes to do in this case, does not involve a change in method of accounting, such that the taxpayer is required by section 446(e) to obtain the consent of the Secretary, because the change does not “[involve] the proper time for the * * * taking of a deduction.” See sec. 1.446- 1(e)(2)(ii), Income Tax Regs. Petitioner argues that correcting its mischaracterization of overburden removal expenses in this case, where petitioner has no choice in how to report the item for tax purposes, “involves a matter of characterization not a matter of timing as defined in the regulations.” Thus, petitioner argues, the change in this case does not involve a change in method of account- ing. Petitioner asserts that there is a difference between characterizing an item for tax purposes and accounting for it. Petitioner argues that it “should be permitted toPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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