MMC Corp., Midwest Mechanical Contractors, Inc., M W Builders, Inc., Midwest Mehanical Contractors of New Jersey, Inc., and Pahor Air Conditioning, Inc. - Page 11




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               An example in the regulations further supports our                     
          interpretation.  See sec. 1.1374-4(d)(2), Example (2), Income Tax           
          Regs.  In the example, the taxpayer, who elected to convert to S            
          corporation status effective January 1, 1996, deducted workers’             
          compensation claims when they were filed, under its accounting              
          method.  The taxpayer then changed its accounting method in 1999,           
          requiring a positive section 481 adjustment to include in income            
          the previous deductions for filed claims that were still unpaid.            
          The example states that the section 481 adjustment is recognized            
          built-in gain insofar as it relates to items (the deductions for            
          workers’ compensation claims filed, but unpaid) attributable to             
          periods before the recognition period.                                      
               Petitioners’ section 481 adjustment reverses petitioners’              
          1997 deduction and includes the amount of the 1997 deduction                
          ratably in petitioners’ income over 4 years.  The 1997 deduction            
          is the item to which the section 481 adjustment relates, and it             
          arose before the beginning of the recognition period (i.e. the              
          period beginning with the year petitioners elected S corporation            
          status).  See sec. 1.1374-4(d)(1), Income Tax Regs.  The section            
          481 adjustment thus relates to an item attributable to a period             
          before the beginning of the recognition period.  Id.  We                    
          accordingly hold that petitioners’ section 481 adjustment is                
          recognized built-in gain.                                                   








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