Highland Farms, Inc. and Subsidiary - Page 21

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          fee, inclusion in income should be ratable as the fees are                  
          "earned".13  We agree with petitioner.                                      
               Section 446(a) provides that taxable income shall be                   
          computed under the method of accounting on the basis of which the           
          taxpayer regularly computes its income in keeping its books.  The           
          accrual method of accounting is one permissible method of                   
          computing taxable income.  Sec. 446(c)(2).  Petitioner is an                
          accrual method taxpayer and has kept its books regularly in                 
          accordance with this method.                                                
               However, financial accounting and income tax accounting                
          methods have divergent objectives.  Thor Power Tool Co. v.                  
          Commissioner, 439 U.S. 522, 542-543 (1979).  "Given this                    
          diversity, even contrariety, of objectives, any presumptive                 
          equivalency between tax and financial accounting would be                   
          unacceptable."  Id.  The general rule specifying use of the                 
          taxpayer's method of accounting is limited to cases where such              
          method clearly reflects income.  Id. at 541; see American                   


          13 For the first time in its brief, petitioner raised the                   
          statute of limitations as a defense, arguing that respondent is             
          precluded from including entry fees and cluster home receipts               
          received during those years now barred by sec. 6501.  The defense           
          of the statute of limitations must be affirmatively pleaded.                
          Rule 39.  It is untimely for petitioner to raise it in its brief,           
          and we need not consider it.  Brown v. Commissioner, 24 T.C. 256,           
          264 (1955); Rule 34(b)(4) and (5); Rule 41.                                 
               Additionally, adjustments in accordance with sec. 481, as              
          these would be if respondent is correct in her position, are not            
          precluded by the statute of limitations.  Knight-Ridder                     
          Newspapers, Inc. v. United States, 743 F.2d 781, 797 (11th Cir.             
          1984); Graff Chevrolet Co. v. Campbell, 343 F.2d 568, 571-572               
          (5th Cir. 1965); W.S. Badcock Corp. v. Commissioner, 59 T.C. 272,           
          288-289 (1972), revd. on another issue 491 F.2d 1226 (5th Cir.              
          1974).                                                                      




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