- 5 - Petitioner reported the sale under the installment method.3 Under that method, a taxpayer reports the taxable portion of each installment in the year received. Petitioner received $28,376 in installments for 1995, of which only $20,303 was included in income by petitioner on its 1995 Federal income tax return. Petitioner “deferred” the inclusion in income of the remainder of the $1,569,211 installment sale gross profit until future installments were paid/received.4 In arguing that the tax on future installment income had “accrued”, petitioner relies on section 1.535-2(a)(1), Income Tax Regs. That regulation contains the following elaboration on the deduction as being “for taxes accrued during the taxable year, regardless of whether the corporation uses an accrual method of accounting, the cash receipts and disbursements method, or any other allowable method of accounting.” 3 Petitioner’s 1995 Federal return contains the notation that it uses the accrual method of accounting for tax purposes. With respect to the real estate sale, however, petitioner elected the installment method. 4 Petitioner reflected an amount in excess of $500,000 in connection with the installment sale as “deferred income taxes” (a current liability) on the balance sheet which was part of its 1995 return. In addition, for financial reporting purposes, petitioner included the “deferred” installment sale income in its 1995 income. However, no part of the income that may be realized from subsequent years’ installments was included in petitioner’s 1995 Federal income tax base.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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