- 27 - its returns for 1983, 1984, and 1986 because that change is a change of accounting method for which petitioner did not obtain the consent of the Secretary, as required by section 446(e). Respondent notes that beginning in 1983 and continuing until 1993 when petitioner sold Cordero, a period of approximately 11 years, petitioner consistently accounted for all of its overburden removal costs at the Gillette mine as mine development costs within the meaning of section 616(a), and it capitalized and amortized a portion of those costs, as required initially by section 291(b) and later by section 59(e). Respondent acknowledges that the subject overburden removal costs should have been treated as production costs, but, respondent asserts, the proposed change constitutes an impermissible retroactive change in a method of accounting in contravention of section 446(e). According to respondent, the fact that petitioner’s tax accounting method is erroneous does not justify petitioner’s abandonment of this longstanding method of accounting for such costs without the consent of the Secretary required by section 446(e). Respondent acknowledges that the prior consent requirement of section 446(e) applies only if the change constitutes a change in method of accounting. Respondent argues that the change which petitioner proposes to make inPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011