- 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
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