- 53 - to deduct certain costs that was involved in Standard Oil Co. (Indiana). First, this case does not involve “internal inconsistencies.” Petitioner treated all of the overburden removal expenses incurred at the Gillette mine as development expenses for tax purposes. The parties stipulated: “Cordero incorrectly classified its costs of overburden removal at its Gillette mine as mine development expenses.” Petitioner now wants to reclassify all of those costs as production costs. Furthermore, we cannot find that the change in treatment sought by petitioner was necessitated by the discovery of an error, as opposed to “a discretionary choice”. All of the overburden removal expenses incurred at the Gillette mine were treated as production costs for book purposes, and the Schedule M-1, Reconciliation of Income Per Books With Income Per Return, filed with petitioner’s return for each of the years in issue, reconciles that book treatment with the tax treatment of the same overburden removal expenses as development expenditures. In summary, the instant case does not involve the kind of recharacterization that was involved in either Underhill v. Commissioner, 45 T.C. 489 (1966), or Coulter Elecs., Inc. v. Commissioner, T.C. Memo. 1990-186, and that takes into account the nontaxable character of payments that arePage: Previous 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Next
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