J. Brent Haymond and Janis S. Haymond - Page 8

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          commission in basis on the grounds that InTex, as a cash basis S            
          corporation, had not paid the commission.                                   
               Section 461(a) provides the general rule that "The amount of           
          any deduction or credit * * * shall be taken for the taxable year           
          which is the proper taxable year under the method of accounting             
          used in computing taxable income."  For the cash basis method:              
               allowable deductions shall, as a general rule, be taken                
               into account for the taxable year in which paid.  * *                  
               *.  If an expenditure results in the creation of an                    
               asset having a useful life which extends substantially                 
               beyond the close of the taxable year, such an                          
               expenditure may not be deductible, or may be deductible                
               only in part, for the taxable year in which made.                      
               * * *  [Sec. 1.461-1(a), Income Tax Regs.]                             
          Capital expenditures are not deductible.  Sec. 263(a); Woodward             
          v. Commissioner, 397 U.S. 572, 574-575 (1970).  Instead, an                 
          adjustment to basis "shall in all cases be made * * * for                   
          expenditures * * * properly chargeable to capital account".  Sec.           
          1016(a)(1).                                                                 
               Federal income tax is computed on the basis of an annual               
          accounting.  Burnet v. Sanford & Brooks Co., 282 U.S. 359 (1931).           
          Expenses paid in one year cannot be used by a cash basis taxpayer           
          to offset gain realized in an earlier year; the taxpayer,                   
          however, may be entitled to a loss in the year in which the                 
          expenses are paid.  Schneider v. Commissioner, 65 T.C. 18, 31               
          (1975); Vaira v. Commissioner, 52 T.C. 986, 1003 (1969), revd.              
          and remanded on another issue 444 F.2d 770 (3d Cir. 1971);                  
          Pittman v. Commissioner, 14 T.C. 449 (1950); Harchester Realty              




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