-165- (1) The overall plan of accounting for gross income or deductions and (2) the treatment of a material item. Sec. 1.446-1(a)(1), Income Tax Regs.; see also FPL Group, Inc. & Subs. v. Commissioner, 115 T.C. 554, 561 (2000). The regulations provide further that an item is material if it involves the proper timing of income or expense; i.e., when an item is included in income or is taken as a deduction. Sec. 1.446-1(e)(2)(ii)(a), Income Tax Regs.; see also FPL Group, Inc. & Subs. v. Commissioner, supra at 561; Wayne Bolt & Nut. Co. v. Commissioner, 93 T.C. 500, 510 (1989). As construed by the courts, section 1.446-1(a), Income Tax Regs., serves to classify as a “method of accounting” the consistent treatment of any recurring, material item, whether that treatment be correct or incorrect. E.g., FPL Group, Inc. & Subs. v. Commissioner, supra at 561; H.F. Campbell Co. v. Commissioner, 53 T.C. 439, 447 (1969), affd. 443 F.2d 965 (6th Cir. 1971). Here, FNBC’s reporting of income under section 475 is a method of accounting in that it involves the proper timing of income and expenses connected with FNBC’s swaps. Section 475(a)(2) mandates for each taxable year that the fair market value of FNBC’s swaps be considered received as of the end of the last business day of that year, and that any gain or loss be currently recognized. Thus, under the statute, FNBC’s valuation method affects the timing of its swaps income in that the method,Page: Previous 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 Next
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