Metro Leasing and Development Corporation, East Bay Chevrolet Company, a Corporation - Page 32




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            considerations may suggest a taxes-as-finally-determined rule,                              
            the use of a commonly understood term suggests the common                                   
            meaning, and the legislature’s design, as revealed, does not                                
            contradict such usage.5                                                                     





                  4(...continued)                                                                       
            that Congress intended a taxes-as-finally-determined rule as                                
            opposed to, say, a taxes-as-actually-reported rule.                                         
                  5  The Court of Appeals for the Fifth Circuit in J.H. Rutter                          
            Rex Manufacturing Co. v. Commissioner, 853 F.2d 1275, 1297-1298                             
            (5th Cir. 1988), cites a line of cases beginning with Stern Bros.                           
            Co. v. Commissioner, 16 T.C. 295 (1951), in support of its                                  
            position.  Those cases uphold the accrual of contested taxes in                             
            the year in which the contested tax liability arises when                                   
            computing accumulated earnings and profits for invested capital                             
            purposes under the excess profits tax imposed in World War II.                              
            Id. at 322-323.  See also Estate of Stein v. Commissioner, 25                               
            T.C. 940, 966 (1956), which extends the Stern Bros. Co. rationale                           
            to permit the accrual of contested taxes in computing earnings                              
            and profits for purposes of determining whether corporate                                   
            distributions are taxable dividends or nontaxable distributions                             
            from capital.  In Stern Bros. Co., we were interpreting a                                   
            regulation that required an accrual basis taxpayer to subtract                              
            income and excess profit taxes “for the preceding taxable year”.                            
            That is not necessarily the same as allowing a deduction for any                            
            such taxes as are “accrued” during such preceding taxable year.                             
            Moreover, Stern Bros. Co. and its progeny, including Estate of                              
            Stein, specifically distinguish the computation of accumulated                              
            earnings and profits from the computation of taxable income,                                
            where Dixie Pine Prods. Co. v. Commissioner, 320 U.S. 516 (1944),                           
            is acknowledged to be applicable.  See, e.g., Stern Bros. Co. v.                            
            Commissioner, supra at 322-323.  The concept of taxable income is                           
            not so different from that of “accumulated taxable income”, upon                            
            which the accumulated earnings tax is imposed, as to make the                               
            extension of Dixie Pine Prods. Co. to the latter an unreasonable                            
            interpretation of the term “accrued” as it is used in sec.                                  
            535(b)(1).                                                                                  







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