- 11 - could be paid to petitioner in cash or they could be used to pay an obligation of petitioner. See Commissioner v. Hansen, 360 U.S. at 465-466. In either case, they would inure to his benefit. Thus, following Commissioner v. Hansen, supra, and Stendig v. United States, 843 F.2d 163 (4th Cir. 1988), the amounts deposited in the in-house account are income in the year received from clients, notwithstanding their deposit. For the foregoing reasons, we sustain respondent’s determination that petitioner must include in gross income the net increase in the combined balances of the Charleston County Court and the U.S. District Court accounts in the amount of $119,000 in 1992 and $91,000 in 1993.7 Section 481 Adjustment In the notice of deficiency respondent determined that section 481 applied, and that under section 481, petitioner was required to include in income the amounts on deposit in the three accounts as of the beginning of 1992. We agree. Section 481 provides as follows: SEC. 481(a). General Rule.--In computing the taxpayer’s taxable income for any taxable year (referred to in this section as the “year of the change”)-- (1) if such computation is under a method of accounting different from the method under which the taxpayer’s taxable income for the preceding taxable year was computed, then 7 See infra note 13.Page: 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