- 6 - The 1866 Treaty simply does not provide petitioners with an express restriction on the ability of the United States to tax income. There is no textual support for petitioners' contention. Article 10 plainly does not refer to an exemption from income tax, and we cannot create one by implication. [Citation omitted.] In the case at bar, petitioners argue that all of their income, not only their rental income, is exempted by the same article of the 1866 Treaty. We find that this issue is identical in all respects to the issue decided in Beck I. We therefore conclude that petitioners are collaterally estopped from rearguing this issue. Accordingly, we hold that petitioners may not exclude their income from taxation. We have considered the remainder of petitioners' arguments, and we find them to be irrelevant or without merit. II. Deductibility of Reserve Account Deposits Pursuant to petitioners' loan agreement with the FmHA, petitioners deposited $3,873 and $3,760 into a reserve account during 1992 and 1993, respectively. Petitioners deducted these amounts on their 1992 and 1993 Federal income tax returns. Respondent argues that deposits made into a reserve account are not deductible until withdrawn and used to pay a deductible expense. We agree with respondent. A cash basis taxpayer generally may deduct business expenses in the taxable year in which the expenses are paid. Sec. 1.461-Page: Previous 1 2 3 4 5 6 7 8 Next
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