Sunoco, Inc. and Subsidiaries - Page 53

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             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 are               






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