James M. Rankin and Shirley Rankin - Page 11

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          of petitioner’s BUF accounts into conformity with our holding in            
          Sebring constitutes a change in petitioner's method of accounting           
          for those accounts.  A change in method of accounting is defined            
          as a “change in the overall plan of accounting for gross income             
          or deductions or a change in the treatment of any material item             
          used in such overall plan.”  Sec. 1.446-1(e)(2)(ii), Income Tax             
          Regs.  A “material item” is “any item which involves the proper             
          time for the inclusion of the item in income or the taking of a             
          deduction.”  Sec. 1.446-1(e)(2)(ii)(a), Income Tax Regs.  The               
          regulations further provide that “a change in method of                     
          accounting does not include adjustment of any item of income or             
          deduction which does not involve the proper time for the                    
          inclusion of the item in income or the taking of a deduction.”              
          Sec. 1.446-1(e)(2)(ii)(b), Income Tax Regs.  Accordingly, where a           
          taxpayer’s practice permanently avoids reporting of income and              
          therefore distorts its lifetime income, the practice is not a               
          method of accounting, and section 481(a) is inapplicable to a               
          change of the practice.  Schuster’s Express, Inc. v.                        
          Commissioner, 66 T.C. 588, 596-598 (1976), affd. without                    
          published opinion 562 F.2d 39 (2d Cir. 1977).                               
               Petitioners attempt to bring themselves within the rule of             
          Schuster’s Express by arguing that petitioner's practice of                 
          offsetting payments into the BUF accounts against gross receipts            
          was not a method of accounting but simply involved the claim of             
          offsets not allowable in any period.  Petitioners argue that,               




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