Southern Boiler Sales & Service, Inc. - Page 18

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          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 error                   



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