- 39 - If the Commissioner does not consent to the taxpayer’s request to make a conforming change in the taxpayer’s method of computing taxable income, then the taxpayer is required to continue computing taxable income under the taxpayer’s old method of accounting. See, e.g., United States v. Ekberg, 291 F.2d 913, 925 (8th Cir. 1961); Schram v. United States, 118 F.2d 541, 543-544 (6th Cir. 1941); Drazen v. Commissioner, 34 T.C. 1070, 1075-1076 (1960) (and the cases cited thereat); Advertisers Exchange, Inc. v. Commissioner, supra at 1092-1093. If the taxpayer changes the method of accounting used in computing taxable income without first requesting the Commissioner’s consent, then the Commissioner would appear to have at least two choices. First, the Commissioner could assert section 446(e) and require the taxpayer to abandon the new method of accounting and to report taxable income using the old method of accounting. See, e.g., O. Liquidating Corp. v. Commissioner, supra; Drazen v. Commissioner, supra at 1076; Advertisers Exchange, Inc. v. Commissioner, supra at 1093. Second, the Commissioner could accept the change of accounting method and require the taxpayer to make any adjustments which might be necessary to prevent amounts from being duplicated or omitted, sometimes called transitional adjustments. SeePage: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
Last modified: May 25, 2011