- 16 - that result by claiming that petitioner personally adopted a cash method of accounting for the fees. However, as discussed above, the tax accounting treatment of a guaranteed payment is determined at the partnership level, and a partner’s method of accounting does not control the time at which a guaranteed payment is includable in the partner’s income.2 Pratt v. Commissioner, supra at 212-214. The partnership accounted for the management fees represented by the $190,000 guaranteed payment using an accrual method, and petitioner was required to include the fees in his income when they were included in cost of goods sold by the partnership based upon the partnership’s method for reporting the fees. Moreover, even if petitioner had adopted a cash method of accounting for the fees, that method was specifically proscribed pursuant to section 706(a) and section 1.707-1(c), Income Tax Regs., and petitioner was entitled to abandon it without the Commissioner’s consent. North Carolina Granite Corp. v. Commissioner, 43 T.C. 149, 168 (1964) and cases cited therein. As was stated in Thomson-King-Tate, Inc. v. United States, 296 F.2d 290, 294 (6th Cir. 1961): 2 Although petitioners contend that respondent should not be allowed to rely on the accounting method argument because it was not timely raised, we need not consider the question because we reject the argument. We also do not address petitioners’ argument that the management fees were constructively received by them in the years that they were accrued by the partnership.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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