- 52 - 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 failurePage: Previous 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Next
Last modified: May 25, 2011