- 30 - III. Validity of Sec. 1.535-2(a)(1), Income Tax Regs. The final sentence of section 1.535-2(a)(1), Income Tax Regs., reads: “In computing the amount of taxes accrued, an unpaid tax which is being contested is not considered accrued until the contest is resolved.” That sentence leaves little doubt that the Secretary of the Treasury intended the test of a section 535(b)(1) tax accrual to be the all events test. See Doug-Long, Inc. v. Commissioner, 73 T.C. at 81 (“The last sentence of this regulation is consistent with the definition of accrued taxes which has been set forth in Dixie Pine Products Co. v. Commissioner, supra; Great Island Holding Corp. v. Commissioner, * * * [5 T.C. 150, 160 (1945)]; and sec. 1.461- 2(b)(2), Income Tax Regs.”). The only question is whether that is a valid interpretation of the statutory command of section 535(b)(1) that, in computing accumulated taxable income, taxable income be adjusted by subtracting certain taxes “accrued” during the taxable year. In Doug-Long, Inc. v. Commissioner, supra at 82, we held that the last sentence of section 1.535-2(a)(1), Income Tax Regs., validly interprets the statute. In J.H. Rutter Rex Manufacturing Co. v. Commissioner, supra at 1296, the Court of Appeals for the Fifth Circuit made a cogent argument that the accumulated earnings tax, a penalty tax, should not be based on earnings “that may not exist at all depending on the deficiency claimed.” Taken to its logical conclusion, the Court of Appeals’Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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