- 21 - 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).Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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