David K. Straight - Page 13

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               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,             






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