Earthquake Sound Corporation - Page 4




                                        - 4 -                                         
                                       OPINION                                        
               Section 481(a) requires that, if changes in methods of                 
          accounting occur, certain other adjustments to taxable income be            
          made.  The purpose of adjustments under section 481 is "to                  
          prevent amounts from being duplicated or omitted" as a result of            
          changes in methods of accounting.  Sec. 481(a)(2).                          
               Section 6501(a) provides generally that the amount of any              
          tax imposed by the Code is to be assessed within 3 years after              
          the filing of a tax return.                                                 
               Petitioner contends that respondent's $14,000 section 481              
          adjustment against petitioner for 1993 should not be allowed                
          because it in effect reopens petitioner's 1992 closed Federal               
          income tax return, violating the period of limitations applicable           
          to petitioner's 1992 corporate Federal income tax liability.                
               The courts consistently hold that section 481 adjustments              
          may be made in spite of the fact that the related years in which            
          the duplicate deductions were taken have been closed by the                 
          applicable period of limitations.  See, e.g., Peoples Bank &                
          Trust Co. v. Commissioner, 415 F.2d 1341, 1344 (7th Cir. 1969),             
          affg. 50 T.C. 750 (1968); Graff Chevrolet Co. v. Campbell, 343              
          F.2d 568, 572 (5th Cir. 1965); Superior Coach, Inc. v.                      
          Commissioner, 80 T.C. 895, 912 (1983); German v. Commissioner,              
          T.C. Memo. 1993-59, affd. without published opinion 46 F.3d 1141            








Page:  Previous  1  2  3  4  5  6  Next

Last modified: May 25, 2011