- 10 - Sec. 1.446-1(e)(2)(ii)(b), Income Tax Regs.; see also Copy Data, Inc. v. Commissioner, 91 T.C. 26, 30-31 (1988); Schuster’s Express, Inc. v. Commissioner, 66 T.C. 588, 597 (1976), affd. without published opinion 562 F.2d 39 (2d Cir. 1977). Here, petitioner claimed deductions for its clients’ litigation costs, which petitioner expected would be reimbursed. The focus of respondent’s adjustment addressed whether petitioner was entitled to deductions for those costs. Respondent did not change the method of accounting by which petitioner reported a particular item but instead determined that the item was not deductible, ab initio. The result of petitioner’s deduction in one year and inclusion in another may appear like a timing question because it could result in increased deductions reducing petitioner’s income in one year and petitioner’s reporting as income any reimbursed deductions in a subsequent year. The essence of respondent’s determination, however, was that petitioner’s payments of litigation costs were loans to its clients, so the deductions were not allowable and the reimbursements were not includable in income. Accordingly, section 481 is not applicable here, and respondent’s attempt to obviate “the distortion caused by the double exclusion” must fail. Respondent’s determination and position on brief does not mention tax benefit principles that might require petitioner to report, as income, the reimbursedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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