- 14 - taxpayer must prorate insurance expenses, and no taxpayer utilizing such a method has been afforded the treatment that petitioner here requests. As a result, consistency with case law negates the possibility of a 1-year rule with respect to the accrual basis taxpayer. It follows that petitioner’s deductions were improper under the rules governing deductions and capitalization. Clear Reflection of Income Rules Section 446(b) provides: “If no method of accounting has been regularly used by the taxpayer, or if the method used does not clearly reflect income, the computation of taxable income shall be made under such method as, in the opinion of the Secretary, does clearly reflect income.” However, petitioner acknowledges on brief that “The capitalization rules stand on their own as does the clear reflection of income provision of I.R.C. section 446(b).” Hence, because petitioner’s treatment of license and insurance costs violated sections 162 and 263, we need not reach the issue of whether petitioner’s method of tax accounting also failed to clearly reflect income. The related evidentiary objection raised by petitioner, contesting the admissibility of financial data for years subsequent to 1993, is likewise rendered moot. The challenged figures were offered only on the question of clear reflection. Although petitioner asserts that respondent abused his discretion in changing an accountingPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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