- 10 - under section 446(e).5 Because BMP did not obtain that consent, we sustain respondent’s determination in the notice of deficiency that BMP must include the disputed amounts in income in the year in which they were received. Reviewed and adopted as the report of the Small Tax Case Division. To reflect the foregoing, Decision will be entered for respondent. 5Thus, whether the disputed amounts are “advance payments” or “deposits” under Commissioner v. Indianapolis Power & Light Co., supra, is irrelevant because, under Commissioner v. O. Liquidating Corp., supra, consent would be necessary to change the treatment of the amounts in either case.Page: Previous 1 2 3 4 5 6 7 8 9 10 11
Last modified: May 25, 2011