Barnett Banks of Florida, Inc. and Subsidiaries - Page 17

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          it.  Respondent's primary objection to petitioner's use of that             
          revenue procedure is the argument that the annual credit card               
          fees do not represent payments for services under the cardholder            
          agreement, a factual issue we have resolved in petitioner's                 
          favor.  Almost as an afterthought, respondent argues that                   
          petitioner's accounting method for these annual fees does not               
          clearly reflect income, an argument based upon an insistence that           
          Rev. Proc. 71-21 requires a matching of income and expense on an            
          individual cardholder basis.  Petitioner admittedly does not                
          track the expenses for these services on an individual cardholder           
          basis.  Having then decided that the revenue procedure, as thus             
          interpreted by respondent, does not apply to petitioner,                    
          respondent concludes there is thus no abuse of discretion in                
          denying petitioner the use of Rev. Proc. 71-21.  We think                   
          respondent's approach is inconsistent with the intended purpose             
          and benefit of the revenue procedure, that petitioner's pro rata            
          reporting of these fees over a 12-month period satisfies Rev.               
          Proc. 71-21, and that respondent's denial of the benefits of the            
          revenue procedure to petitioner amounts to an abuse of                      
          discretion.                                                                 
               In 1970, respondent issued Rev. Proc. 70-21, 1970-2 C.B.               
          501,                                                                        
               to implement an administrative decision, made by the                   
               Commissioner of Internal Revenue in the exercise of his                
               discretion under section 446 of the Internal Revenue                   
               Code of 1954, to allow accrual method taxpayers in                     
               certain specified and limited circumstances to defer                   




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