Earthquake Sound Corporation - Page 6




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          eliminate the double deduction of the $14,000.  We conclude that            
          respondent's section 481 adjustment did not violate section 6501.           
               Petitioner also suggests that the $14,000 franchise tax                
          deduction in question did not, for petitioner, constitute a                 
          "material item" and therefore that the section 481 adjustment               
          should not be allowed.                                                      
               Sections 1.446-1(e)(2)(ii)(a) and 1.481-1(a)(1), Income Tax            
          Regs., provide generally that a change in method of accounting              
          includes, among other things, a change in the treatment of a                
          material item.  Petitioner herein has failed to prove that the              
          duplication of the $14,000 franchise tax deduction for 1993 was             
          not material.  A mere assertion in a brief that the parties did             
          not stipulate as to the materiality of an item is not sufficient            
          to establish the nonmateriality thereof.                                    
               We hold that section 6501 does not bar respondent from                 
          making the section 481 adjustment involved herein.                          
               To reflect the foregoing,                                              

                                                Decision will be entered              
                                           under Rule 155.                            















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