- 8 - 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 RealtyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011