- 21 - Kennedy v. Commissioner, 89 T.C. 98, 103 (1987). Although it is generally acknowledged that distortions of income may result from use of the cash method, Frysinger v. Commissioner, 645 F.2d 523, 527 (5th Cir. 1981), affg. T.C. Memo. 1980-89; Ansley-Sheppard- Burgess Co. v. Commissioner, supra at 374; Rojas v. Commissioner, 90 T.C. 1090, 1107 (1988), affd. 901 F.2d 810 (9th Cir. 1990); Kennedy v. Commissioner, supra at 103; Magnon v. Commissioner, 73 T.C. 980, 1004-1005 (1980), such distortions do not prevent the cash method from clearly reflecting income so long as the method is consistently applied and no attempt is made to unreasonably prepay expenses or defer receipt of income, Ansley-Sheppard- Burgess Co. v. Commissioner, supra at 375; Kennedy v. Commissioner, supra at 103-104; Magnon v. Commissioner, supra at 1005-1006; Van Raden v. Commissioner, 71 T.C. at 1104. Moreover, farmers are allowed great flexibility in timing the receipt of income from harvested crops and may sell them in one year pursuant to a contract calling for payment in a later year. Schniers v. Commissioner, 69 T.C. 511, 520 (1977). A taxpayer, including a farmer, using the cash method of accounting is ordinarily entitled to report income in the year it is actually or constructively3 received, secs. 1.61-4(a), 1.451- 1(a), Income Tax Regs., but may not do so where application of the general rule results in a material distortion of income. See 3 Respondent does not contend that Vineyards was in constructive receipt of any of the amounts due it from Winery.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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