- 23 - 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 thatPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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