Color Arts, Inc., John P. Csepella, A Person Other Than The Tax Matters Person - Page 12




                                       - 12 -                                         
          accounting for interest expense was changed and that the                    
          adjustment was appropriate.  Before the Court of Appeals for the            
          Seventh Circuit, the taxpayer argued, inter alia, that the                  
          improper accrual was not a change of accounting method but was a            
          change of a single item.  The court disagreed and explained:                
                 Section 446(c) defines accounting methods which                      
                 may be used in computing taxable income.  Among                      
                 those included are “(1) the cash receipts and                        
                 disbursements method; (2) an accrual method; * * *                   
                 (4) any combination of the foregoing methods                         
                 permitted under regulations prescribed by the                        
                 Secretary or his delegate.”  An item which has                       
                 been improperly accrued before it is due would be                    
                 included in “any combination of the foregoing                        
                 methods.” [Id. at 1344 (citing Graff Chevrolet Co.                   
                 v. Campbell, 343 F.2d 568, 569-571 (5th Cir.                         
                 1965)); see sec. 446(c).]                                            
          Accordingly, the court held that the Commissioner changed the               
          taxpayer’s method of accounting for interest expense and applied            
          section 481, stating:                                                       
                      When a taxpayer uses an accounting method                       
                 which reflects an expense before it is proper to                     
                 do so or which defers an item of income that                         
                 should be reported currently, he has not succeeded                   
                 (and does not purport to have succeeded) in                          
                 permanently avoiding the reporting of any income;                    
                 he has impliedly promised to report that income at                   
                 a later date, when his accounting method, improper                   
                 though it may be, would require it.  Section 481,                    
                 therefore, does not hold the taxpayer to any                         
                 income which he has any reason to believe he has                     
                 avoided, and does not frustrate the policy that                      
                 men should be able, after a certain time, to be                      
                 confident that past wrongs are set at rest. [Id.                     
                 at 1344.]                                                            
               Similarly in this case, Color Arts’s method of accounting              
          for accrued vacation pay has been changed.  Before respondent’s             





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next

Last modified: May 25, 2011