Sunoco, Inc. and Subsidiaries - Page 52

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             taxpayer had elected to deduct intangible drilling costs                 
             (IDC), pursuant to section 1.612-4, Income Tax Regs., but                
             had capitalized and amortized, over the lives of the                     
             assets, certain IDC.  We rejected the Commissioner’s                     
             assertion that the taxpayer’s attempt to deduct that IDC in              
             the taxable years at issue was a change in its method of                 
             accounting that required the Commissioner’s consent                      
             because:                                                                 

                  If the election [to deduct IDC] is made, all                        
                  IDC must be deducted.  Petitioner’s tardy                           
                  assertion that the “other” costs in issue should                    
                  have been deducted does not * * * constitute a                      
                  discretionary choice that such costs should be                      
                  deducted.  It is a discovery that petitioner                        
                  failed to deduct costs which, under the                             
                  accounting method it has chosen, had to be                          
                  deducted.  [Standard Oil Co. (Indiana) v.                           
                  Commissioner, 77 T.C. at 382-383.]                                  

             We held that section 446(e) did not apply, but we added the              
             following caveat:                                                        

                  We do not mean to suggest that section 446(e)                       
                  would necessarily be inapplicable in the                            
                  situation where a taxpayer has previously                           
                  capitalized all IDC and then seeks to deduct                        
                  such costs under section 263(c) without                             
                  respondent’s consent.  [Id. at 383-384.]                            

                  We believe that the change petitioner proposed is                   
             different from the “correction of internal inconsistencies”              
             necessitated by the “discovery” of the taxpayer’s failure                






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