- 22 - entire amount of EWA income in the year of receipt without regard to the period in which related insurance expense would be deferred. See Schlude v. Commissioner, supra; American Auto. Association v. United States, supra; Automobile Club of Michigan v. Commissioner, supra; Johnson v. Commissioner, supra; Hinshaw’s, Inc. v. Commissioner, supra. The Commissioner acted within his authority under section 446(b) to allow taxpayer- favorable deferral of income in Rev. Proc. 92-98, 1992-2 C.B. 512; the Commissioner is not required to make the further concession of accelerating deductions beyond the requirements of existing law. 3. Compliance With Regulations Relying on Prabel v. Commissioner, 91 T.C. 1101 (1988), and Hallmark v. Commissioner, 90 T.C. 26 (1988), petitioners argue that respondent may not require petitioners to change their current method because it is “an acceptable method which clearly reflects * * * [petitioners’] income”. Petitioners’ reliance is misplaced. Prabel and Hallmark hold that the Commissioner may not disturb a taxpayer’s method of accounting that is specifically authorized in the Internal Revenue Code or income tax regulations. The method used by petitioners to amortize the amounts paid to Western General, by contrast, violates the regulations.Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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