- 18 - 448(a)(1). However, section 448(b)(3) provides an exception for C corporations with gross receipts of less than $5,000,000. The record does not establish whether petitioner is a cash basis or an accrual basis taxpayer. Berry, petitioner's president and sole shareholder, was not asked about the matter. While petitioner characterizes the issue as whether or not petitioner was an accrual basis taxpayer, it seems to be simply a matter of constructive receipt of income. Berry testified that he deposited the corporation's checks in the bank and that in his view the funds were not available to his corporation until he made such deposits. If, prior to August 1, Berry had in his possession checks in payment of work performed by the corporation prior to August 1, the fact that he did not deposit such checks into the bank account until early August would be irrelevant. The income would have been constructively received by the corporation prior to August 1 whether petitioner was a cash basis or an accrual basis taxpayer. We hold that petitioner has not established that respondent erred in shifting the gross receipts of $88,181 from its taxable year ended July 31, 1991, to its taxable year ended July 31, 1990. Indeed, as will be discussed below, petitioner has in effect stipulated to this adjustment. b. Any August 1989 Bank Deposits to be Shifted from FYE 7-31-90 to FYE 7-31-89 While no issue was raised in the petition as to the $88,181 August 1990 bank deposits, petitioner did assign as errorPage: 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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