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

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.

.