-13- Commissioner, 51 F.3d 34, 35 (5th Cir. 1995); Swanson v. Commissioner, 106 T.C. 76, 102 (1996). We follow that approach here and separately discuss whether respondent's position on each issue she conceded was substantially justified. The Method of Accounting Issue Respondent concedes that ASAP is a S corporation that is engaged in a service business, has never had gross receipts in excess of $5 million, and has always used the cash method of accounting. However, in support of her notice of deficiency, respondent argues that ASAP's use of the cash method of accounting does not produce a clear reflection of income, because ASAP accounts for the wages it pays the nurses as a current deduction, but does not take into income the payments from its clients until they are received. According to respondent, the difference in time of when ASAP takes the current deduction for the wages expense and the subsequent revenue into income produces a distortion in its reported income. As evidence that ASAP's method does not produce a clear reflection of income, respondent determined that under the accrual method ASAP's income for 1990 would be increased by $246,536. Finally, respondent contends that if petitioners are to establish that respondent has abused her discretion in determining that ASAP's method of accounting did not produce a clear reflection of income, petitioners must demonstrate substantially identical results between ASAP's method of accounting and the method selected by the Commissioner.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011