- 12 - accounting for interest expense was changed and that the adjustment was appropriate. Before the Court of Appeals for the Seventh Circuit, the taxpayer argued, inter alia, that the improper accrual was not a change of accounting method but was a change of a single item. The court disagreed and explained: Section 446(c) defines accounting methods which may be used in computing taxable income. Among those included are “(1) the cash receipts and disbursements method; (2) an accrual method; * * * (4) any combination of the foregoing methods permitted under regulations prescribed by the Secretary or his delegate.” An item which has been improperly accrued before it is due would be included in “any combination of the foregoing methods.” [Id. at 1344 (citing Graff Chevrolet Co. v. Campbell, 343 F.2d 568, 569-571 (5th Cir. 1965)); see sec. 446(c).] Accordingly, the court held that the Commissioner changed the taxpayer’s method of accounting for interest expense and applied section 481, stating: When a taxpayer uses an accounting method which reflects an expense before it is proper to do so or which defers an item of income that should be reported currently, he has not succeeded (and does not purport to have succeeded) in permanently avoiding the reporting of any income; he has impliedly promised to report that income at a later date, when his accounting method, improper though it may be, would require it. Section 481, therefore, does not hold the taxpayer to any income which he has any reason to believe he has avoided, and does not frustrate the policy that men should be able, after a certain time, to be confident that past wrongs are set at rest. [Id. at 1344.] Similarly in this case, Color Arts’s method of accounting for accrued vacation pay has been changed. Before respondent’sPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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