- 24 - transaction challenged by the Commissioner. Packard v. Commissioner, supra at 428. Furthermore, a material distortion of income is likely to be found where the amount of an item differs substantially from what might normally be expected in an arm's-length transaction structured without special regard to tax consequences.4 Lewis v. Commissioner, 65 T.C. 625, 629 (1975). Moreover, we have recognized that the interval of time between the reporting of the payment of expenses and the receipt of associated income can be so great that the use of the cash method of accounting by a taxpayer results in an impermissible distortion of income. Silberman v. Commissioner, T.C. Memo. 1983-782, affd. without published opinions sub nom. Appeal of David Whin, Inc., Appeal of Giordano, Appeal of Malanka, Stamato v. Commissioner, 770 F.2d 1068, 1069, 1072, 1075 (3d Cir. 1985) Where related parties deal with each other on the same terms as with unrelated parties, a method of accounting will not be considered to materially distort income simply because the parties to a transaction are related. Gold-Pak Meat Co. v. Commissioner, supra at 1057. Nonetheless, it is also well established that transactions between related parties are closely scrutinized. Spicer Accounting, Inc. v. United States, 918 F.2d 90, 92 (9th Cir. 1990); Hulter v. Commissioner, 91 T.C. 371, 394 4 We note that an accounting method can produce a material distortion of income even where a taxpayer does not have a tax avoidance motive in employing it. Anderson v. Commissioner, T.C. Memo. 1975-302, affd. 568 F.2d 386 (5th Cir. 1978).Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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