Toyota Town, Inc. - Page 22





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          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.                                                                







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