Color Arts, Inc., John P. Csepella, A Person Other Than The Tax Matters Person - Page 4




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         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.                                                    





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