- 7 - necessary. Respondent determined that section 481 applied, and that petitioner was required to include in income in 1992 the combined balance of the three accounts as of January 1, 1992; namely, $555,909. In addition, respondent determined that petitioner was required to include in income the net increases in the combined balances of the Charleston County Court and U.S. District Court accounts in the amount of $119,000 in 1992 and $91,000 in 1993. OPINION Section 446(b) provides as follows: “If no method of accounting has been regularly used by the taxpayer, or 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.” For an accrual method taxpayer, “it is the right to receive accrual basis income, not its actual receipt, that determines the time of its inclusion as gross income.” Stendig v. United States, 843 F.2d 163, 165 (4th Cir. 1988) (citing Commissioner v. Hansen, 360 U.S. 446, 464 (1959)); see Johnson v. Commissioner, 108 T.C. 448, 459 (1997), affd. in part, revd. in part and remanded on another ground 184 F.3d 786 (8th Cir. 1999); secs. 1.446-1(c)(1)(ii), 1.451-1(a), Income Tax Regs. Generally, all the events that fix the right to receive income have occurred when the earliest of the following occurs: The income is (1) actually orPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011