Ohio Periodical Distributors, Inc., f.k.a. Scott Krauss News Agency, Inc., Ronald E. Scherer Trust and Linda S. Hayner Trust, Persons Other Than the Tax Matters Person - Page 3

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            full credit from the corporation for the magazines and paperbacks                         
            that they were unable to resell.                                                          
                  On its 1982 Federal income tax return, Ohio Periodical made                         
            a proper election to use the provisions of section 458.2  The                             
            election was effective for the 1982 tax year and every tax year                           
            thereafter.  For each of the years in issue, the corporation made                         
            sales and had returns of those sales items during the merchandise                         
            return period, defined in section 458(b)(7).3  Such sales were                            




            2 Sec. 458.  MAGAZINES, PAPERBACKS, AND RECORDS RETURNED                                  
            AFTER THE CLOSE OF THE TAXABLE YEAR.                                                      
                  (a)  Exclusion From Gross Income.--A taxpayer who is on an                          
            accrual method of accounting may elect not to include in the                              
            gross income for the taxable year the income attributable to the                          
            qualified sale of any magazine, paperback, or record which is                             
            returned to the taxpayer before the close of the merchandise                              
            return period.                                                                            
            3 Sec. 458(b)(7) reads:                                                                   
                        (7)  Merchandise return period.--                                             
                              (A)  Except as provided in subparagraph (B),                            
                        the term "merchandise return period" means, with                              
                        respect to any taxable year--                                                 
                                    (i)  in the case of magazines, the                                
                              period of 2 months and 15 days first                                    
                              occurring after the close of taxable year, or                           
                                    (ii) in the case of paperbacks and                                
                              records, the period of 4 months and 15 days                             
                              first occurring after the close of the                                  
                              taxable year.                                                           
                              (B)  The taxpayer may select a shorter period                           
                        than the applicable period set forth in                                       
                        subparagraph (A).                                                             



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