Hospital Corporation of America and Subsidiaries - Page 18

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               the transitional rules will apply with the section 481                 
               adjustment amount to be included in income over a period not           
               to exceed ten taxable years, rather than five. * * *                   
               [Emphasis supplied.]                                                   
               ___________                                                            
                    4Under that revenue procedure, the adjustment from a              
               change in accounting generally is included in income                   
               over a period equal to the less [sic] of the number of                 
               years the taxpayer has used the accounting method or a                 
               specified number of years.                                             
               Petitioners assert that the quoted excerpt is based on                 
          language that was not enacted.8  Under the bill as originally               
          proposed, the spread for hospitals was a period that "shall not             
          exceed" 10 years.  The law as enacted, however, provides for a              
          spread period that "shall be" 10 years.  Petitioners argue that             
          the fact that the provision was changed demonstrates that the               
          difference in treatment for hospital and nonhospital businesses             
          was intentional.                                                            
               Petitioners maintain further that the legislative history              
          relating to section 448(d)(7)(C) confirms that Congress intended            
          to make a distinction between hospitals, which were given a fixed           
          10-year period to spread section 481(a) adjustments required as a           


          8  As originally reported by the House Committee on Ways and                
          Means on Dec. 7, 1985, the provision in the bill that                       
          subsequently became sec. 448(d)(7)(C) provided as follows:                  
               the period for taking into account the adjustment under                
               section 481 by reason of such change [from the cash                    
               method to an accrual method of accounting] shall not                   
               exceed 5 years (10 years in the case of a hospital                     
               described in section 144(b)(3)).  [H.R. 3838, 99th                     
               Cong., 1st Sess. sec. 902 (1985).]                                     




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