USFreightways Corporation - Page 13




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          and revd. in part on other grounds 184 F.3d 786 (8th Cir. 1999);            
          Higginbotham-Bailey-Logan Co. v. Commissioner, 8 B.T.A. 566                 
          (1927).                                                                     
               For instance, in Johnson v. Commissioner, supra, a taxpayer            
          employing the accrual method purchased insurance policies                   
          covering periods of 1 to 7 years.  Given this scenario, the Court           
          made no attempt to ascertain which of the policies, such as those           
          covering only 1 year, would expire within the following taxable             
          year.  Instead, the Court ruled that “to the extent that part of            
          any Premium was allocable to coverage for subsequent years, it              
          must be capitalized and amortized by deductions in those years.”            
          Id. at 488.  Likewise, in Higginbotham-Bailey-Logan Co. v.                  
          Commissioner, supra, the Court disallowed a deduction for prepaid           
          insurance taken by an accrual basis taxpayer without inquiring              
          into whether the policy might terminate within the next year.               
          The Court resolved the issue by stating: “The adjustment made by            
          the Commissioner appears to be in accordance with the method of             
          accounting employed by the petitioner and appears further to be             
          such that petitioner’s net income is more nearly correctly                  
          reflected than on the basis used in the return.”  Id. at 577.               
          Hence, beginning as early as 1927 and followed as recently as               
          1997, reported cases have indicated that an accrual basis                   










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