L.S. Vines - Page 26

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                    (ii) Requires an adjustment under section 481(a)                  
                    (or would require an adjustment under section                     
                    481(a) if the taxpayer changed to the method of                   
                    accounting for which relief is requested in a                     
                    taxable year subsequent to the taxable year the                   
                    election should have been made);                                  
                    (iii) Would permit a change from an impermissible                 
                    method of accounting that is an issue under                       
                    consideration by examination, an appeals office,                  
                    or a federal court and the change would provide a                 
                    more favorable method or more favorable terms and                 
                    conditions than if the change were made as part of                
                    an examination; or                                                
                    (iv) Provides a more favorable method of                          
                    accounting or more favorable terms and conditions                 
                    if the election is made by a certain date or                      
                    taxable year.                                                     
          Accordingly, the interests of the Government are not deemed to be           
          prejudiced in the case of an accounting method regulatory                   
          election if the provisions of section 301.9100-3(c)(2)(i), (ii),            
          (iii), or (iv), Proced. & Admin. Regs., do not apply or, if they            
          do, unusual and compelling circumstances are present.                       
               Section 301.9100-3(c)(1), Proced. & Admin. Regs., defines              
          prejudice as follows:                                                       
               In general. --The Commissioner will grant a reasonable                 
               extension of time to make a regulatory election only                   
               when the interests of the Government will not be                       
               prejudiced by the granting of relief. * * *                            
                    (i) Lower tax liability.-- The interests of the                   
                    Government are prejudiced if granting relief would                
                    result in the taxpayer having a lower tax                         
                    liability in the aggregate for all taxable years                  









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