Metro Leasing and Development Corporation, East Bay Chevrolet Company, a Corporation - Page 23




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            contested taxes in connection with the adjustment for “taxes                                
            accrued during the year”, whereas the tax imposed would include                             
            the deficiency decided by a court.  See Kluger Associates, Inc.                             
            v. Commissioner, 69 T.C. 925, 940-941 (1978), affd. 617 F.2d 323,                           
            333 (2d Cir. 1980); Ellis Corp. v. Commissioner, 57 T.C. 520, 523                           
            (1972).                                                                                     
                  We are aware of the paradox that has been occasioned by                               
            petitioner’s choice to continue contesting the income tax                                   
            deficiency.  That choice has resulted in petitioner’s inability                             
            to treat the income tax deficiency, decided by this Court, as                               
            accrued during the taxable year for purposes of the section                                 
            535(b)(1) adjustment.  Conversely, petitioner may not use the                               
            $2,674 tax liability it originally reported in its computation of                           
            the section 535(b)(6) adjustment.  Although the two items are                               
            conceptually related, by definition they are not interdependent.                            
            For the section 535(b)(1) adjustment, the tax must have accrued.                            
            Whereas the section 535(b)(6)(B)(i) aspect of the capital gain                              
            adjustment is dependent upon the amount of the tax imposed.  The                            
            tax “imposed” and the tax “accrued” for a particular year could                             
            be the same amount.  But where the tax “imposed” is contested, it                           
            is not treated as “accrued”.                                                                
                  We therefore hold that respondent correctly computed the                              
            adjustment for net capital gains under section 535(b)(6) and that                           








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