27 An accrual method taxpayer may defer income on advance payments received for (a) the sale in a future taxable year of goods held by the taxpayer primarily for sale to customers in the ordinary course of business; or (b) the building, installing, constructing, or manufacturing by the taxpayer of items where the agreement is not completed within the taxable year. Sec. 1.451- 5(a), Income Tax Regs. Respondent contends that petitioner may not use section 1.451-5, Income Tax Regs., because Eagle did not hold the house kits for sale to customers, or build, construct, install, or manufacture the kits as required by section 1.451-5(a)(1), Income Tax Regs. 3. Whether Eagle Held the House Kits Primarily for Sale to Customers in the Ordinary Course of Business Respondent contends that Eagle did not hold the house kits for sale to customers; i.e., Eagle had no inventory. Petitioner contends that it need not own or possess the inventory if its 8(...continued) (a) In the taxable year in which properly accruable under the taxpayer's method of accounting for tax purposes if such method results in including advance payments in gross receipts no later than the time such advance payments are included in gross receipts for purposes of all of his reports (including consolidated financial statements) to shareholders, partners, beneficiaries, other proprietors, and for credit purposes, or (b) If the taxpayer's method of accounting for purposes of such reports results in advance payments (or any portion of such payments) being included in gross receipts earlier than for tax purposes, in the taxable year in which includible in gross receipts pursuant to his method of accounting for purposes of such reports.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011