- 10 - II. Whether a Contested Income Tax Deficiency That Has Been Paid Is Deductible From Taxable Income in Arriving at Accumulated Taxable Income Here again, we focus on section 535(b)(1) and the underlying regulation in considering whether a contested income tax deficiency is a tax that “accrued during the taxable year”. Petitioner reported an income tax liability of $2,674 on its 1995 corporate Federal income tax return. The $2,674 was remitted by petitioner during March 1996, when it filed its 1995 return. Thereafter respondent determined a deficiency in petitioner’s income tax and, in addition, that petitioner was subject to the accumulated earnings tax. After the petition was filed and before we issued our opinion, petitioner tendered payment of the income tax deficiency to respondent. Although petitioner tendered payment, it continues to contest the income tax deficiency. The parties disagree with respect to whether any part of the income tax deficiency should be deducted from taxable income to arrive at accumulated taxable income, the base for the accumulated earnings tax. In making the adjustments to taxable income to arrive at accumulated taxable income, respondent deducted the $2,674 tax liability reported by petitioner, even though the $2,674 was not paid until after the close of the 1995 tax year. In addition to the $2,674, petitioner argues that the income tax deficiency, either in the amount determined by respondent or decided by the Court, should also be deducted from taxable income to reduce thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011