- 6 - close of the merchandise return period." Section 458(b)(6) defines the amount excluded from gross income as "the lesser of * * * the amount covered by the legal obligation described in paragraph (5)(A), or * * * the amount of the adjustment agreed to by the taxpayer before the close of the merchandise return period." The legal obligation of paragraph (5)(A) is the obligation of the taxpayer to adjust the sales price of the magazine, paperback, or record if it is not resold. Section 1.458-1(g), Income Tax Regs., contains the formula for determining excludable gross income. It states: If a taxpayer makes adjustments to gross receipts for a taxable year under the method of accounting described in section 458, the taxpayer, in determining excludable gross income, is also required to make appropriate correlative adjustments to purchases or closing inventory and to cost of goods sold for the same taxable year. Adjustments are appropriate, for example, where the taxpayer holds the merchandise returned for resale or where the taxpayer is entitled to receive a price adjustment from the person or entity that sold the merchandise to the taxpayer. Cost of goods sold must be properly adjusted in accordance with the provisions of section 1.61-3 which provides, in pertinent part, that gross income derived from a manufacturing or merchandising business equals total sales less cost of goods sold. Id. The identical issue of the validity of section 1.458-1(g), Income Tax Regs., was raised in Hachette USA, Inc. v. Commissioner, 105 T.C. , (1995). Petitioners' counsel in this case was also counsel in Hachette. Petitioners' briefs in both cases presented identical arguments. In fact, the 30 pages of brief in this case that address the validity of the regulationPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011