- 6 - to HPI and HDI. In the notice sent to HDI respondent disallowed the claim for refund with respect to the HDI 1987 taxable year. On July 5, 1994, Hachette USA, as successor to HPI and HDI, and Curtis timely filed petitions with the Court. All of the deficiencies and overpayments in dispute turn on the application of the Regulation to the computation of gross income under the section 458 election. The parties agree that if Curtis was required to follow the Regulation, there are deficiencies of $665,225 for HPI's 1987 taxable year, $135,804 for HDI's 1987 taxable year, and $2,535,928 for HDI's 1988 taxable year. If the Regulation is invalid, and Curtis was not required to secure the Secretary's consent to recompute its taxable income on the Forms 1120X, there are no deficiencies, and there is an overpayment for HDI's 1987 taxable year in the amount of $1,165,475. Legislative Background Section 458 was added to the Code by section 372(a) of the Revenue Act of 1978, Pub. L. 95-600, 92 Stat. 2763, 2860. The specific problems to which it was addressed are explained in the legislative history. Under general tax principles accrual basis taxpayers must include sales revenues in income for the taxable year when all events have occurred which fix the right to receive the income and the amount of the income can be determined with reasonable accuracy. See sec. 451(a); sec. 1.451-1(a), Income Tax Regs. The seller has some flexibility in determining when toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011