- 19 - had failed to take into income. To overcome respondent's determination as to this accounting adjustment, petitioner bears a heavy burden of proof in that it must show that respondent's determination is arbitrary and unsupported by any basis in law. RCA Corp. v. United States, 664 F.2d 881, 886 (2d Cir. 1981); Prabel v. Commissioner, 91 T.C. 1101, 1112 (1988), affd. 882 F.2d 820 (3d Cir. 1989). Petitioner's position that respondent's adjustment does not comport with the accrual method of accounting and is an erroneous method of accounting is based upon the premise that the above difference is interest that did not accrue in 1990 or in any prior year. However, petitioner has not introduced any evidence to rebut respondent's determination or to explain the difference. Contrary to the premise of petitioner's argument, the ledger cards for loans outstanding at the end of 1990 substantiate deferred interest of $1,596,968 less than the ending balance of the deferred interest account as shown on petitioner's balance sheet. We find that petitioner has not proven that respondent abused her discretion by determining that the difference described above is interest that accrued prior to 1991. Accordingly, we hereby sustain respondent's determination. See Prabel v. Commissioner, supra. Before leaving this issue, we note that petitioner made a halfhearted attempt at trial to argue that itsPage: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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