- 2 - the corporation under section 4581, resulting in the exclusion from gross income of the amount of the corporation's income attributable to returns from "qualified" sales of magazines and paperbacks, requires the making of a corresponding adjustment to cost of goods sold pursuant to section 1.458-1(g), Income Tax Regs. More specifically at issue is the validity of section 1.458-1(g), Income Tax Regs., which, if valid, would without dispute require a decision against petitioner. Ohio Periodical Distributors, Inc. ("Ohio Periodical" or "the corporation") has been operating as an S corporation in Ohio since 1984. At all times relevant, the corporation prepared its Federal income tax returns using the accrual method of accounting. It was a wholesale distributor of magazines and paperback books. Its customers were bookstores and other businesses engaged in the retail sale of such merchandise to the public. At all times relevant, in accordance with industry practice, Ohio Periodical sold more copies of paperbacks and magazines to its customers than it expected the customers to resell. The corporation nevertheless billed its customers for the full number of copies thus sold to them. However, in accordance with industry practice, the customers had the legal right to receive 1 Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the years at issue.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011