- 3 - 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).Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011