Philip L. Firetag - Page 7




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          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 or                         






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