- 18 - F.2d 1007 (5th Cir. 1979). The repayment of those balances to petitioner would constitute a recovery or an event fundamentally inconsistent with the premise of the original offsetting against gross receipts of the payments into the BUF accounts, triggering application of the tax benefit rule.8 Hillsboro Natl. Bank v. Commissioner, 460 U.S. 370, 383-384 (1983); sec. 1.111-1(a)(2), Income Tax Regs. Consequently, petitioner's practice of offsetting against gross receipts payments into the BUF accounts in issue constitutes a method of accounting, and the change in that practice is a change in method of accounting. Accordingly, an adjustment may be made pursuant to section 481(a) to prevent 8 We note that this Court does not require a taxpayer to include in income the recovery of an amount that was improperly deducted in a prior year for which the period of limitations has expired. 885 Inv. Co. v. Commissioner, 95 T.C. 156, 165 (1990). Several Circuit Courts of Appeals, including the Ninth, to which an appeal of the instant case would lie (barring stipulation to the contrary), have rejected the so-called erroneous deduction exception to the tax benefit rule. Id. Accordingly, pursuant to the rule of Golsen v. Commissioner, 54 T.C. 742 (1970), affd. 445 F.2d 985 (10th Cir. 1971), we apply the law as announced by the Court of Appeals for the Ninth Circuit. Consequently, for purposes of the instant case, the recovery of the payments into the BUF accounts would be included in petitioner's income pursuant to the tax benefit rule notwithstanding that the offsets against gross receipts claimed for those payments were improper. Unvert v. Commissioner, 656 F.2d 483, 485-486 (9th Cir. 1981), affg. 72 T.C. 807 (1979).Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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