Sunoco, Inc. and Subsidiaries - Page 49

                                        - 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 income                 






Page:  Previous  36  37  38  39  40  41  42  43  44  45  46  47  48  49  50  51  52  53  54  55  Next

Last modified: May 25, 2011