- 32 - taxpayer cease to engage in the trade or business to which that adjustment relates. As we discussed above, we find the cessation-of-business acceleration provision a permissible construction of the statute inasmuch as it fulfills the congressional objective of coordinating section 448(a) and section 481(a) in a reasonable manner. In our view, the presence of a similar provision in Rev. Proc. 84-74 is not sufficient to defeat its inclusion in the regulations. The rules and requirements of Rev. Proc. 84-74 were detailed and complex. The language of section 448(d)(7)(C) and of its legislative history gives no indication that Congress even focused on the cessation-of-business acceleration provision contained in that revenue procedure. Moreover, the requirement that the balance of a section 481(a) adjustment must be taken into income when a taxpayer ceases to engage in the trade or business to which the section 481(a) adjustment relates is not a condition unique to Rev. Proc. 84-74. Indeed, commencing at least from the early 1970's, a cessation-of-business acceleration provision appears to have been included customarily as a condition to consent to a spread of a section 481(a) adjustment whenever the Commissioner issued a change in accounting method ruling. See, e.g., Rev. Rul. 85-134, 1985-2 C.B. 160; Rev. Rul. 80-39, 1980-1 C.B. 112; Rev. Rul. 77-264, 1977-2 C.B. 187; Rev. Rul. 70-318, 1970-1 C.B. 113; see also Rev. Proc. 85-8, 1985-1 C.B. 495 (procedure for accrual basis taxpayers to change methodPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011