Hospital Corporation of America and Subsidiaries - Page 46

                                       - 46 -                                         
          for taxable years ended 1972 and 1973.  As will be discussed more           
          fully below, we conclude that the hybrid method of accounting               
          clearly reflects petitioners' income for the years in issue20               
          and, consequently, it was an abuse of discretion for respondent             
          to change petitioners to an overall accrual method of accounting            
          for the years ending 1981 through 1986.21  Accordingly, we need             
          not, nor do we, address herein the issue of whether respondent              
          changed the hospitals' method of accounting during an earlier               
          audit.22                                                                    

          20                                                                          
               As noted supra note 11, beginning in 1987, petitioners are             
          required by sec. 448 to use an overall accrual method.                      
          21                                                                          
               Although petitioners contend in their briefs that the cash             
          method is an appropriate method of accounting for the hospitals,            
          they do not assert a claim that tax for each of the years ended             
          1981 through 1986 should be recomputed under the cash method, and           
          they concede that the hybrid method of accounting clearly                   
          reflects their income for those years.  Accordingly, we deem                
          petitioners' failure to assert a claim for recomputation of tax             
          under the cash method of accounting as a concession that income             
          should be reported on the hybrid method of accounting for the               
          years ended 1981 through 1986.                                              
          22                                                                          
               Respondent argues that the change of accounting method issue           
          is in reality a change from the cash method to the accrual                  
          method.  Respondent, however, does not seek to hold petitioners             
          to the cash method of accounting.  Rather, respondent seeks to              
          impose a different method.  Under such circumstances, the consent           
          of the Commissioner under sec. 446(e), which requires the                   
          Commissioner's prior consent to a change of method of accounting            
          for computing income, generally is not required.  See Convergent            
          Technologies, Inc. v. Commissioner, T.C. Memo. 1995-320 (“When              
          * * * [the Commissioner] does not seek to hold a taxpayer to a              
          previously adopted method of accounting but rather seeks to                 
          impose another method in place of the one utilized by the                   
          taxpayer, the consent of * * * [the Commissioner] under section             
                                                             (continued...)           




Page:  Previous  36  37  38  39  40  41  42  43  44  45  46  47  48  49  50  51  52  53  54  55  Next

Last modified: May 25, 2011