Robert and Lisa Morganstein - Page 8




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          income is not affected.  See Schuster’s Express, Inc. v.                    
          Commissioner, supra; sec. 1.446-1(e)(2)(ii)(a), Income Tax Regs.            
               Petitioners argue that the change in the timing of the                 
          income was not a change in method of accounting, but it rather              
          was a correction in the proper application of the cash basis                
          method of accounting.  Petitioners cite our opinion in Evans v.             
          Commissioner, T.C. Memo. 1988-228, for the proposition that a               
          taxpayer may correct an inadvertent mistake in the application of           
          its method of accounting without the correction’s constituting a            
          change in method of accounting.  In Evans, the taxpayers earned             
          yearly bonuses which were authorized by their employer at annual            
          board meetings but paid in each of the years subsequent to each             
          of the meetings.  The taxpayers historically had been including             
          bonuses in income in the year in which the bonuses were                     
          authorized rather than the year in which they were received,                
          despite the fact that the taxpayers otherwise used the cash                 
          method of accounting.  The taxpayers had been relying on the                
          Forms 1099 issued to them by the corporation through its                    
          accountant, who had no knowledge that the bonuses were received             
          in a year other than the year they were declared.  We found that,           
          by changing the year of inclusion, the taxpayers did not                    
          “consciously” adopt a new form of accounting other than their               
          overall cash method of accounting, and that the taxpayers were              
          merely correcting “inadvertent errors analogous to posting                  






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