- 17 - contend, distorts income because it limits the deduction of the expense associated with an EWA to a partial year’s portion when a full year’s portion of associated income must be recognized pursuant to Rev. Proc. 92-98, supra. Petitioners summarize their argument as follows: Because petitioner’s method of accounting is an acceptable method which clearly reflects its income, Respondent is not allowed to require petitioner to change its method of accounting. Prabel v. Commissioner, * * * [91 T.C. 1101, 1112 (1988), affd. 882 F.3d 880 (3d Cir. 1989)]; Hallmark Cards, Inc. v. Commissioner, * * * [90 T.C. 26, 31 (1988)]. To force a change from a method which clearly reflects excessive[10] income to a method which materially distorts income, is an abuse of discretion. Molsen v. Commissioner, 85 T.C. 485, 498, 509 (1985). * * * Petitioners’ position, in effect, is that they may report their income from EWA’s in accordance with the provisions of Rev. Proc. 92-98, supra, but with respect to the computation of deductions arising from EWA transactions, they are free to disregard the method outlined in Rev. Proc. 92-97, 1992-2 C.B. 510, and devise a method that more closely matches the income and expense associated with the qualified advance payment amount. Petitioners are wrong, for at least two reasons. First, it is not an abuse of discretion for the Commissioner to establish 10 Petitioners’ reference to “excessive” income is apparently an allusion to their belief that the imputed income required to be recognized under Rev. Proc. 92-98, 1992-2 C.B. 512, is not appropriate.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
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