- 49 - of the payment–-not the proper method or time of reporting an item the character of which is not in question.” Id. at 496. Similarly, in Coulter Elecs., Inc. v. Commissioner, supra, the Court considered the character of payments received by the taxpayer from a bank. Initially, the taxpayer had treated the transfer of certain equipment leases to the bank as sales, but after audit, the taxpayer sought to change the treatment from sales to pledges for loans. Relying on Underhill, the Court found that the issue in the case was “not one of timing as contemplated by section 446” but “Instead it [was] a question of characterization, i.e., whether the transfer by * * * [the taxpayer] of the leases to * * * [the bank] constituted sales or pledges for loans.” Coulter Elecs., Inc. v. Commissioner, supra. The Court quoted the Underhill case regarding the taxability or nontaxability of a payment and stated: “Although there is a timing consequence to the outcome of the characterization, it is automatically determined by the characterization and no change of accounting within the meaning of section 446 is involved.” Id. The change in characterization in Coulter Elecs., Inc. and in Underhill determined the taxability of the incomePage: Previous 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Next
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