- 28 - adjustment, Congress expressed no specific intent to give hospitals a mechanism to contravene the provisions of section 481(a) and thereby omit items of income which they previously had deferred under the cash method. The cessation-of-business acceleration provision is in harmony with the purposes of both sections 448 and 481 and is not inconsistent with the statutory scheme as a whole. Moreover, the cessation-of-business acceleration provision accelerates the 10- year period given hospitals to spread the section 481(a) adjustment only under explicit and limited circumstances that prevent the omission or duplication of income. We believe the regulation implements the purpose of the statute in a reasonable manner and, thus, must be upheld as a permissible construction of the statute. See Chevron U.S.A., Inc. v. Natural Res. Def. Council, Inc., 467 U.S. at 842-843; United States v. Correll, 389 U.S. 299, 307 (1967). Does the Cessation-of-Business Acceleration Provision Apply in the Instant Case? Additionally, petitioners contend that acceleration of the section 481(a) adjustment is not required in the instant case because the hospitals that transferred assets to the Category B Corporations did not cease to engage in the hospital business after the sale of those assets to HealthTrust. Respondent counters that a taxpayer ceases business when there is an elimination of the taxpayer's business completely or when therePage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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