- 25 - 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 WesternPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011