Philip L. Firetag - Page 11




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          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.                                                    





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