- 9 - incomplete because of the need to prepare a draft stipulation of facts for trial. This circumstance indicates to us that the change in theory was not fully considered when it was put forward and was hastily made when the weakness of respondent's initial arguments was exposed. The circumstances of the change suggest the presence of an unreasonable "'litigate now, think later' mentality" on respondent's part. Beaty v. United States, 937 F.2d 288, 293 (6th Cir. 1991). The facts in the instant case support petitioners' contention that the payment in question was a guaranteed payment; they do not support respondent's contention that petitioner had adopted the cash method of accounting for the payment. The record establishes that the payment was not included in petitioner's income when the partnership accrued it due to an oversight on the part of the accountants for the partnership and petitioner; it does not suggest that petitioner consciously adopted a cash method of accounting for the payment. Although respondent relies on the circumstances surrounding the failure to report the payment in the years when it was accrued by the partnership to show the reasonableness of the accounting method theory, respondent has not cited any authority that supports the position that a taxpayer could be held to have adopted a method of accounting given the circumstances presented in the instant case.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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