- 17 - Gross Receipts a. August 1990 Bank Deposits of $88,181 This issue was not raised in the assignment of errors in the petition nor in petitioner's trial memorandum or supplemental trial memorandum, and the issue probably should be treated as conceded by petitioner. Rule 34(b)(4). However, without objection from respondent, it was raised in petitioner's opening statement at the beginning of the trial and will be treated as tried by consent of the parties. Petitioner requests the Court to make an ultimate finding of fact that respondent erroneously increased its income for its taxable year ended July 31, 1990, by this $88,181 amount. The parties agree that $88,181 in checks were deposited in petitioner's bank account in August of 1990, were reported as part of gross receipts for its taxable year ended July 31, 1991, and on audit by respondent were removed from that year and included as gross receipts for the taxable year ended July 31, 1990. There agreement ends. The parties disagree as to whether petitioner is a cash basis or an accrual basis taxpayer. At trial, in response to the Court's direct question, respondent's counsel advised the Court that petitioner was a cash basis taxpayer. The Court was not advised otherwise thereafter during the trial. In its post-trial brief, petitioner argues that as a C corporation it necessarily had to be on the accrual method of accounting, citing sectionPage: 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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