13 under the taxpayer's method of accounting for tax purposes if such method results in including gross receipts no later than the time such payments are included in gross receipts for purposes of all reports to third parties." Instead the deposits must be included in income under the general rule - when actually received. Finally, 1.451-5(d) requires that if a taxpayer accounts for advance payments under (b)(1)(ii), he must attach to his income tax return for each year an annual information schedule concerning advance payments. As already argued, the taxpayer fails to satisfy the definition for advance payments under this section and, further, he failed to attach a statement as required by law. In a chart on page 6 of the 30-day letter, respondent's agent said that the following adjustments should be made to Eagle's customer deposits: (a) Gross Receipts -- Deferred Income 9012 9112 Per return $1419282 $4147691 Per audit 2934384 4145992 Adjustment $15051021 $ (1699) 1 The correct adjustment for 1990 is $1,515,102. Respondent does not explain this discrepancy. Respondent's agent did not provide the 30-day letter to petitioner or to his representative during 1993 or 1994. D. Notice of Deficiency Respondent mailed a notice of deficiency to petitioner on September 23, 1994. In it, respondent determined that petitioner was liable for deficiencies in income tax of $433,706 for 1990,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