Philip L. Firetag - Page 17




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          * * * omitted”.  Further, it is well established that section 481            
          supersedes the statute of limitations.  See Graff Chevrolet Co.              
          v. Campbell, 343 F.2d 568 (5th Cir. 1965); Superior Coach, Inc.              
          v. Commissioner, 80 T.C. 895, 912 (1983).  If petitioner merely              
          changed, starting in 1992, to an accounting method under which               
          amounts are included in income when received from clients, this              
          method would not result in the inclusion in income of amounts                
          previously excluded because deposited into the court and in-house            
          accounts.  Without section 481, such amounts would generally                 
          escape taxation.  Section 481 allows respondent to prevent such              
          omissions by requiring petitioner to include in income in 1992               
          the amounts previously accumulated in the three accounts.                    
               Petitioner argues that section 481 does not apply because               
          there has been no change in method of accounting.  It is true                
          that a change in method of accounting is necessary to trigger                
          section 481, but petitioner’s attempts to show that there was no             
          change in method are unavailing.  Petitioner first argues that               
          there was no change in method of accounting, relying on section              
          1.446-1(e)(2)(ii)(b), Income Tax Regs., which provides that “A               
          change in the method of accounting * * * does not include a                  
          change in treatment resulting from a change in underlying facts.”            
          However, although petitioner argues in general that there was a              
          change in underlying facts, he points to no such change, and we              
          have found none.                                                             






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