- 6 - taxable years 1988 through 1992 was not in accordance with section 832(b)(4). The notice of deficiency made various adjustments to petitioner's income and "provision for reserves" deductions so as to put petitioner on the method of accounting prescribed by section 832(b)(4). The notice of deficiency made these changes by determining a deficiency in the first open year, 1990. The notice of deficiency does not take into account any net operating losses which may have been generated by the 1993 taxable year. The only remaining issue for consideration is which year, 1990 or 1993, is the year of change.3 Section 446(a) requires a taxpayer to compute his taxable income using the method of accounting he uses to calculate his income in keeping his books. Section 446(b) provides that "if the method used does not clearly reflect income, the computation of taxable income shall be made under such method as, in the opinion of the Secretary, does clearly reflect income." When the taxpayer's accounting method is changed, section 481(a) requires that adjustments be made to the taxpayer's income "to prevent amounts from being duplicated or omitted". 3 The stipulation of facts states that petitioner does not agree that respondent properly applied sec. 481(b). Petitioner does not argue that point on brief. Therefore, we treat petitioner as having conceded the issue.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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