James M. Rankin and Shirley Rankin - Page 22

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          record that suggests that the office managers reported on their             
          tax returns a portion of the income and expense associated with             
          their respective offices.  Indeed, petitioners assert that                  
          petitioners' income tax returns and the surety's ledgers with               
          respect to the BUF accounts in issue contain all the information            
          needed for purposes of the alternative method provided by section           
          481(b)(2), further discussed below, for computing the amount of             
          the additional tax to be paid as a result of the adjustment                 
          required due to the change in the method of accounting for the              
          BUF accounts.  Petitioners' assertions and the record as a whole            
          indicate that the full amount of the payments into the BUF                  
          accounts were taken as offsets against the gross receipts of                
          petitioner's bail bond business reported on petitioners’ tax                
          returns, and petitioners do not contend otherwise.  We conclude             
          that petitioners have not established that any of the BUF                   
          accounts in issue were jointly owned.  Accordingly, no                      
          modification of the amount of the section 481(a) adjustment is              
          required for this reason.                                                   
               Petitioners also contend that, in the event we decide that             
          section 481(a) applies in the instant case, the amount of tax               
          resulting from the adjustment should be limited to the amount               
          computed pursuant to section 481(b)(2).13  Respondent contends              



          13   Petitioners do not rely on the limitation provided by sec.             
          481(b)(1), and we do not consider it.                                       




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