2lafayette
1paradide
Thomas Piketty1 360x1000
11albion
6albion
Brendan Beehan 360x1000
2theleastofus
1theleasofus
7albion
13albion
1lafayette
Thomas Piketty2 360x1000
Margaret Fuller5 360x1000
4albion
1empireofpain
399
9albion
2paradise
3albion
3confidencegames
299
George F Wil...360x1000
Stormy Daniels 360x1000
1jesusandjohnwayne
1lauber
Lafayette and Jefferson 360x1000
Maria Popova 360x1000
1defense
Mark V Holmes 360x1000
Anthony McCann2 360x1000
Office of Chief Counsel 360x1000
8albion'
2falsewitness
Spottswood William Robinson 360x1000
Adam Gopnik 360x1000
1madoff
Gilgamesh 360x1000
Mary Ann Evans 360x1000
James Gould Cozzens 360x1000
2albion
3defense
6confidencegames
LillianFaderman
2gucci
499
5confidencegames
1lookingforthegoodwar
Margaret Fuller 360x1000
2confidencegames
11632
storyparadox2
10abion
Betty Friedan 360x1000
2transadentilist
1transcendentalist
2trap
Samuel Johnson 360x1000
Learned Hand 360x1000
Margaret Fuller3 360x1000
Thomas Piketty3 360x1000
1albion
AlexRosenberg
5albion
14albion
199
lifeinmiddlemarch2
Edmund Burke 360x1000
1trap
12albion
Richard Posner 360x1000
Margaret Fuller4 360x1000
Anthony McCann1 360x1000
George M Cohan and Lerarned Hand 360x1000
Susie King Taylor 360x1000
7confidencegames
Storyparadox1
3paradise
lifeinmiddlemarch1
2defense
2lookingforthegoodwar
Margaret Fuller1 360x1000
Susie King Taylor2 360x1000
1gucci
3theleastofus
1confidencegames
Maurice B Foley 360x1000
Margaret Fuller 2 360x1000
4confidencegames
Margaret Fuller2 360x1000
storyparadox3
2jesusandjohnwayne
1falsewitness
Tad Friend 360x1000
Ruth Bader Ginsburg 360x1000

This was originally published on PAOO on November 1st, 2010.

Ramesh J. Bosamia, et ux. v. Commissioner, TC Memo 2010-218

The tax law tolerates some significant asymmetrical results. For example, if you make a charitable contribution of appreciated property, you get to deduct the fair market value of the property without recognizing income from the appreciation (If your basis is greater than the fair market value it would be smarter to sell the property and give the cash.) Deductions for depletion computed on the percentage method can exceed the basis of the depletable property. That’s why having a gold mine is like having a gold mine.

Nonetheless, there are many situations where you ignore the big balance sheet in the sky at your peril. What Ramesh and Pragati Bosamia did was actually on the egregious side. They owned two S corporations – India Music (IM) and Houston-Rakhee Imports (HRI). IM sold sheet music to the public. It purchased the sheet music from HRI. IM was on the accrual basis of accounting. From 1998 to 2003 it recorded over $800,000 in cost of sales for sheet music that it purchased from HRI.

HRI did not do a very good job of collecting its receivables. During the six-year period it collected exactly nothing from IM. It should come as no surprise that HRI was on the cash basis of accounting. The IRS finally caught up with this when they audited 2004. They disallowed any cost of sales for 2004 under Section 267 which limits accruals to related parties who are not themselves on the accrual basis.

The statute of limitations was closed on years prior to 2004. So the service took the position that the accruals had constituted an impermissible accounting method. This required a cumulative adjustment for all the accruals hitting the couple with just shy of $300,000 in tax and $60,000 in penalties for the 2004 year.

The Tax Court upheld the IRS determination.

.