- 24 - Consequently, we need not discuss the individual elements in any detail. We are required, however, to address respondent’s contention that Menards improperly computed its income tax liability in connection with the offset of its share of the hospital tax. Specifically, respondent asserts that, since Menards deducted its share of the hospital tax on its income tax return for 1998, Menards must first eliminate or back out that particular deduction, then recompute its income tax liability in accordance with the Court’s earlier opinions, and finally offset the resulting income tax deficiency by the amount of the hospital tax that it paid under section 3111(b). Menards disagrees with respondent and cites section 1.461- 2(a)(1), Income Tax Regs., which provides the general rule that if an asserted liability is contested, the taxpayer transfers money to satisfy the asserted liability, and, if but for the contest of the asserted liability, a deduction is otherwise allowed with regard to the asserted liability, the deduction is allowed for the taxable year of the transfer. In conjunction with this provision, section 1.461-2(a)(3), Income Tax Regs., provides in pertinent part that the refund of a contested amount is includable in gross income for the taxable year of receipt, or for an earlier taxable year if properly accruable for such earlier year. Although Menards relies on the regulation for thePage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 NextLast modified: March 27, 2008