- 11 - section generally prohibits a C corporation from using the cash method. Sec. 448(a)(1). Although section 448(b)(3) provides an exception to this prohibition in the case of a C corporation that satisfies the $5 million gross receipts test of section 448(c)(1), we read nothing in section 448 that provides that a C corporation may use the cash method merely because it meets that exception. In fact, section 1.448-1T(c), Temporary Income Tax Regs., 52 Fed. Reg. 22767 (June 16, 1987), explains clearly the effect of section 448 on section 446(b). That section states: nothing in section 448 affects the authority of the Commissioner under section 446(b) to require the use of an accounting method that clearly reflects income * * *. For example, a taxpayer using the cash method may be required to change to an accrual method of accounting under section 446(b) because such method clearly reflects that taxpayer’s income, even though the taxpayer is not prohibited by section 448 from using the cash method. * * * Petitioner also asserts that Diehl did not sell merchandise that was an income-producing factor in its business. We disagree. The term “merchandise” includes any item held for sale. Osteopathic Med. Oncology & Hematology, P.C. v. Commissioner, 113 T.C. 376, 382-383 (1999); see also Wilkinson- Beane, Inc. v. Commissioner, 420 F.2d 352, 354-355 (1st Cir. 3(...continued) more than $5,000,000.--Paragraphs (1) and (2) of subsection (a) shall not apply to any corporation or partnership for any taxable year if, for all prior taxable years beginning after December 31, 1985, such entity met the $5,000,000 gross receipts test * * *.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011