- 5 - Fed. Sav. & Loan v. Commissioner, 30 T.C. 285 (1958); William J. Lemp Brewing Co. v. Commissioner, 18 T.C. 586 (1952); Vander Poel, Francis & Co. v. Commissioner, 8 T.C. 407 (1947); Sandoval v. Commissioner, T.C. Memo. 1979-430; 2 Mertens, Law of Federal Income Taxation, sec. 10:33.50, at 80 (1991 rev.). Petitioner misplaces reliance upon such cases as Fetzer Refrigerator Co. v. United States, 437 F.2d 577 (6th Cir. 1971), and Hyplains Dressed Beef, Inc. v. Commissioner, 56 T.C. 119 (1971), to support its position that constructive receipt is the appropriate standard. Those cases, which are inapposite, involved application of the matching principle of section 267(a)(2), which matching principal is: An accrual basis taxpayer is not entitled to deduct currently any amount if it is payable to a related person and, because of the payee’s method of accounting, the item is not currently includable in the payee’s gross income. See sec. 267(a)(2); Tate & Lyle, Inc. & Subs. v. Commissioner, 103 T.C. 656, 659-661 (1994), revd. and remanded on other grounds 87 F.3d 99 (3d Cir. 1996). Section 267 applies when the mismatching arises because the parties use different methods of accounting. That is not the case here. Petitioner and the Foriers are cash basis taxpayers. There is no mismatching of a deduction and inclusion due to different accounting methods. Petitioner distorts the language of section 267, arguing that such language would allow a cash basis taxpayerPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011