Sunoco, Inc. and Subsidiaries - Page 39

                                        - 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.  See                 






Page:  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