- 4 - Thus, the $271,671.04 deduction for vacation pay was prematurely claimed on Color Arts’s 1995 return and should have been deducted on Color Arts’s 1996 return. Respondent did not examine Color Arts’s return for any period before 1996.3 Color Arts never requested consent from respondent to change its method of accounting for vacation pay for 1996. Discussion 1. Color Arts’s Entitlement to Deduction of Accrued Vacation Pay In the petition, petitioner argues that Color Arts is entitled to claim on its 1996 return a deduction of $271,671.04 for vacation pay properly accrued in 1996. For support, petitioner looks to section 461(a) and the regulations promulgated thereunder. Petitioner argues that under the “all events” test the $271,671.04 of vacation pay accrued in 1996. Secs. 461(h); 1.461-1(a)(2), Income Tax Regs. Respondent does not dispute petitioner’s contention; his briefs assume Color Arts’s entitlement to the $271,671.04 deduction in 1996. However, respondent argues that since Color Arts’s method of accounting for accrued vacation pay has been changed, an 3The period of limitations on assessment for taxable years before 1996 has expired.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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