- 32 - 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).Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011