Toyota Town, Inc. - Page 25





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          placed in service, directly contravenes the rule in section                 
          1.167(a)-10(b), Income Tax Regs., which allows only a                       
          “proportionate part of one year’s depreciation” in the first and            
          last years of a period of service.  We have so held in similar              
          circumstances where the taxpayer sought to claim a full year’s              
          depreciation for assets placed in service at any time during the            
          first 5 months of the taxable year.  See Clairmont v.                       
          Commissioner, supra at 1136.                                                
               Petitioners cite no authority for their method of                      
          amortization, other than to claim that, by precisely matching the           
          recognition of the deferred insurance expense with the                      
          recognition of the deferred income permitted in Rev. Proc. 92-98,           
          supra, for their EWA’s, they have effected a clear reflection of            
          income, which respondent may not disturb.  However, a method of             
          accounting that is “plainly inconsistent” with valid regulations            
          does not clearly reflect income within the meaning of section               
          446(b).  Thor Power Tool Co. v. Commissioner, 439 U.S. at 533;              
          see Van Raden v. Commissioner, 71 T.C. 1083, 1105 (1979), affd.             
          650 F.2d 1046 (9th Cir. 1981).                                              
                    4. Whether Petitioners Purchased Insurance                        
               Petitioners also argue that the agreement they entered with            
          Western General did not constitute insurance-–specifically, that            
          petitioners’ liability to Western General did not arise out of              
          the provision of insurance and therefore the payments to Western            





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