- 26 - in this case because the first year at issue, 1983, is the first year that the tax treatment of overburden removal costs differed from that of production costs. Petitioner asserts that the periods of limitations for all affected years are still open. Petitioner argues: “if the correction can be made in the first year of the change, there will be no distortion of income, which is the policy reason for the consent requirement of sec. 446(e).” Furthermore, petitioner notes that respondent has not identified a distortion of income that would be brought about by the change. In fact, according to petitioner, the change would actually achieve the clear reflection of petitioner’s income “by reversing the erroneous capitalization of overburden removal costs” and relating those costs to the income realized from the coal produced, as contemplated by Rev. Rul. 77-308, supra, and Rev. Rul. 67-169, supra. Furthermore, petitioner argues: “treating Cordero’s overburden removal expenses as production costs on its Federal income tax returns would be consistent with Cordero’s treatment of overburden removal expenses on its books and records.” Respondent’s Position Respondent’s position is that petitioner cannot change the treatment of the subject overburden removal costs onPage: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
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