Legal Opinion

Pelaez & Sons, Inc. v. Commissioner

United States Tax Court

Decided May 30, 2000No. 18049-97Published

Sec. 263A, I.R.C., enacted in 1986, requires the capitalization of developmental costs. For plants with preproduction periods that are 2 years or less, farmers may be excepted from the capitalization requirements. For certain plants, including citrus plants grown in commercial quantities in the United States, the statute requires that the standard for the 2-year test is to be based on a national weighted average preproductive period for that type of plant.

Read the full summary

Sec. 263A, I.R.C., enacted in 1986, requires the capitalization of developmental costs. For plants with preproduction periods that are 2 years or less, farmers may be excepted from the capitalization requirements. For certain plants, including citrus plants grown in commercial quantities in the United States, the statute requires that the standard for the 2-year test is to be based on a national weighted average preproductive period for that type of plant. If the preproductive period, so determined, is 2 years or less, citrus farmers could be excepted from the capitalization requirement of…

1Opinion of the Court

PELAEZ AND SONS, INC., CHRISTINA P. HOOKER, TAX MATTERS PERSON, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

Pelaez & Sons, Inc. v. Commissioner

No. 18049-97

United States Tax Court

114 T.C. 473; 2000 U.S. Tax Ct. LEXIS 34; 114 T.C. No. 28;

May 30, 2000, Filed

Decision will be entered for respondent.

Sec. 263A, I.R.C., enacted in 1986, requires the

capitalization of developmental costs. For plants with

preproduction periods that are 2 years or less, farmers may be

excepted from the capitalization requirements. For certain

plants, including citrus plants grown in commercial quantities

in the…

2Cases cited14 opinions

  1. United States v. American Trucking AssociationsSupreme Court of the United States · 1940
  2. Burlington Northern Railroad v. Oklahoma Tax CommissionSupreme Court of the United States · 1987
  3. Sullivan v. StroopSupreme Court of the United States · 1990
  4. Graff Chevrolet Company v. Ellis Campbell, Jr., District Director of Internal RevenueCourt of Appeals for the Fifth Circuit · 1965
  5. First Chicago Corporation v. Commissioner of Internal RevenueCourt of Appeals for the First Circuit · 1988

9 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API