- 3 - of taxable income method, if its position that net operating losses should not be taken into account in computing taxable income should be rejected, and therefore provide the basis for applying the limitation on the addition to the bad debt reserve under section 593(b)(1)(B).2 Clearly, the utilization of the experience method raises a new issue and one which would require the reopening of the record and the taking of additional evidence. Raising such an issue clearly is not permissible in a Rule 155 proceeding. Chilingirian v. Commissioner, 918 F.2d 1251, 1255 (6th Cir. 1990), affg. T.C. Memo. 1986-463; Cloes v. Commissioner, 79 T.C. 933 (1982) (taxpayer not permitted to use income averaging, raised for the first time in the Rule 155 computation, after losing the issue of includability of an item in income).3 Petitioner attempts to avoid the impact of the foregoing circumstances by two assertions. First, it asserts that the determination of which of the two methods applies is mechanical and therefore is permitted in a Rule 155 proceeding citing Home Group, Inc. v. Commissioner, 91 T.C. 265, 268-271 (1988), affd. on another issue 875 F.2d 377 (2d Cir. 1989). In making this 2 Sec. 593(b)(1)(B) provides that the addition to the bad debt reserve shall not exceed the larger of the amount produced by the percentage of taxable income and experience methods. 3 See also Vest v. Commissioner, T.C. Memo. 1995-188; Estate of Street v. Commissioner, T.C. Memo. 1994-568, and cases discussed therein.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011