- 6 - books, he generally may not change to a new method of accounting to compute taxable income without the consent of the Secretary. Sec. 446(e). “Consent must be secured whether or not such method is proper or is permitted under the Internal Revenue Code or the regulations thereunder.” Sec. 1.446-1(e)(2)(i), Income Tax Regs. A change in the treatment of any material item in an overall plan of accounting constitutes a change in method of accounting. Sec. 1.446-1(e)(2)(ii)(a), Income Tax Regs. A “material item” is defined to include “any item which involves the proper time for the inclusion of the item in income”. Id. Thus, an item is a material item if its change affects only the timing of the recognition of income while leaving lifetime taxable income unchanged. Schuster’s Express, Inc. v. Commissioner, 66 T.C. 588, 597 (1976), affd. without published opinion 562 F.2d 39 (2d Cir. 1977). On the other hand, a change in method of accounting does not include “correction of mathematical or posting errors, or errors in the computation of tax liability”. Sec. 1.446- 1(e)(2)(ii)(b), Income Tax Regs. The customer downpayments in this case clearly constitute a material item: BMP’s change from recognizing the income upon receipt to recognizing the income upon the performance of the services is nothing more than a change in the timing of the recognition of the income; BMP’s aggregate lifetime taxablePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011