Central Pennsylvania Savings Association and Subsidiaries n.k.a. Great Valley Savings Bank - Page 3

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          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.                                                          




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