MMC Corp., Midwest Mechanical Contractors, Inc., M W Builders, Inc., Midwest Mehanical Contractors of New Jersey, Inc., and Pahor Air Conditioning, Inc. - Page 5




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                                     Discussion                                       
               We are asked to determine whether petitioners are required             
          to include the section 481 adjustments as built-in gain for the             
          years at issue.3  Petitioners argue that they are not required to           
          include the section 481 adjustments as built-in gain because they           
          elected S corporation status before the end of the 4-year ratable           
          inclusion period of the RRA amendments.  Respondent, on the other           
          hand, argues that petitioners are required to include the section           
          481 adjustments as built-in gain because the section 481                    
          adjustments relate to items attributable to periods before                  
          petitioners became S corporations.  We agree with respondent.               
          Overview                                                                    
               We begin by outlining the general rules of section 481                 
          adjustments.  When a taxpayer changes its method of accounting,             
          section 481 requires the taxpayer to adjust its income to prevent           
          items from being duplicated or omitted.  Sec. 481(a).  The                  
          Secretary is authorized to issue regulations indicating the                 
          taxable years over which the taxpayer is authorized to take these           
          adjustments into account.  Sec. 481(c).  The Secretary has issued           
          guidance under certain circumstances allowing taxpayers to take             
          the adjustments into account ratably over several years.  See,              

               3Petitioners have not asserted that they have any built-in             
          losses for the years at issue.  Our determination whether the               
          sec. 481 adjustments are built-in gain therefore determines the             
          net recognized built-in gain because there are no built-in losses           
          to offset the built-in gain.                                                





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