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Unreported Interest Income

Third Party Payments

This issue was more prevalent in cases where there were weak internal controls. During the initial interview, question the taxpayer as to the number of bank accounts used and whether any of those accounts are interest bearing. As was discussed in Chapter 4, obtain the bank statements for the entire year and at least the year ending bank reconciliation if available. Any interest income entries found on the bank

statements should be traced through a cash receipts journal or directly into an interest account in the general ledger.

Related Party Payments

In many cases, loans to shareholders were made for which no interest payments were made. If this is the case, then imputed interest to the corporation may be a possible issue under IRC section 7872 and the accompanying regulations. Of course, this may be an issue if the shareholders make interest free loans to the corporation as well. See the discussion in Chapter 4, under Loans to or from Shareholders for more detailed information.

Bargain Purchases Under IRC section 311(b)

Although not encountered often, distributions of appreciated property under IRC section 311(b) produced significant income adjustments to the corporation as well as shareholders when raised. Although some work may be involved as far as determining fair market values (appraisals, comparisons, etc.) the adjustment is usually well worth the time.

Be aware of this issue whenever a sale of property has been made to a shareholder at an amount below fair market value. If these circumstances arise, IRC section 311(b) states income will be attributable to the distributing corporation AS IF such property were sold to the distributee at its fair market value.

For example, in one case, a building and land were distributed to three shareholders. On the Schedule M-2, a distribution to the shareholders was reported in the amount of $20,000. The agent obtained an engineering appraisal of the building and land and determined the distribution was made at a value well below fair market value. Because of the difference in the appraised amount and the amount reported on the M-2, the agent was able to make the following adjustment to the corporation under IRC section 311(b):

FMV of Building/Land minus Adjusted Basis of Building/Land equals: Amount attributed to Corporation as income

In this particular case, the difference between the two amounts produced a $120,000 tax adjustment to the corporation. It should be noted, the distribution resulted in adjustments proposed to the shareholders' returns as well.

In another case, a classic automobile was sold by a corporation to a shareholder for $20,000. At the time of the sale, the vehicle had been fully depreciated so that the adjusted basis was zero. The corporation reported the $20,000 gain on its Form 1120. Research of Classic Car Guides revealed the fair market value was $60,000. This resulted in an adjustment to the corporation of approximately $40,000 as well as an adjustment to the shareholder's return.

Sales or distributions of property to shareholders may be discovered by analyzing the fixed assets schedule and notating any removals of assets since the beginning of the year. Be especially aware of vehicles dropping off the schedule. If sales are reported on Form 4797 of the Form 1120, ascertain to whom the sales were made. If the sales were made to shareholders or related parties, appraisals or contact with third parties should be considered to determine fair market values.

Lease Inclusion Income: Passenger Automobiles

In 1984, IRC section 280F was enacted to provide limitations on the amount of recovery deductions allowed on "luxury" automobiles. Because leased automobiles did not fall under the provisions of IRC section 168 in terms of cost recovery, IRC section 280F(c) provided a limitation on the amount of lease deductions for passenger automobiles.

This provision does not provide for a limitation by reducing the lease deduction but rather requires the taxpayer to include a predetermined amount in their income. These predetermined amounts are based upon the fair market value of the leased vehicle as well as the term of the lease using tables provided by the Federal Government.

The regulations provide different tables depending upon what year the vehicle was first leased. Treas. Reg. section 1.280F-7 provides tables which cover vehicles leased after December 31, 1986, and before January 1, 1989. Rev. Proc. 89-64 provides for vehicles leased in calendar year 1989. Rev. Procs. 90-22, 91-30, and 92-43 provide the tables for the calendar years 1990, 1991, and 1992, respectively.

CONTRA))SALES ACCOUNTS

The examination of sales should include a probe into the various contra sales accounts utilized by the taxpayer. These would include returns, various allowances, cash discounts, and other specialized reductions. In most cases, the furniture manufacturers had separate general ledger accounts for the various deductions. However, in a few cases, the return or allowance was deducted directly against the sales accounts. Trade and other discounts (such as volume discounts) are not properly treated as contra-sales accounts but instead should be reduced from invoice price in determining the cost of inventory under Treas. Reg. section 1.471-3(b). A taxpayer's treatment of trade and other discounts as a contra-sales/income account is an erroneous method of

accounting, and any change from such accounting to the proper treatment as a

reduction in invoice price is a change in method of accounting requiring consent of the commissioner. On the other hand, allowances such as cooperative advertising are not true trade discounts and thus are properly reflected in income accounts. Likewise, under Treas. Reg. section 1.471-3(b), cash discounts may be reduced from invoice price at the taxpayer's election, providing a consistent course is taken. Again, any change in treatment of cash discounts is a change in method of accounting. To familiarize the examiner, a few of the common returns, allowances, and discounts are discussed below.

Returns

Depending upon the size of a manufacturer, returns may be a significant number. Returns were not found to be common with manufacturers who produced custom furniture. Mistakes made by the custom manufacturer will be corrected before delivery. On the other hand, returns are more significant for manufacturers who use an assembly line method. Customer returns are generated for several reasons including incorrect shipments, late delivery, or lack of funds.

Allowances in General

Price concessions may be made for any particular reason depending upon the

relationship with the customer. For example, in some cases, shipments may be delayed and arrive late. Customers who exert considerable influence may reduce the sales price by a "late" factor. Another allowance appearing to be common is an advertising allowance. Many of the large retail establishments such as Sears, Broadway, etc., will take out advertisements in newspapers and display the manufacturer's furniture. For this display, the retailer may deduct a certain portion from the sales price up to an amount agreed to by the manufacturer. This arrangement is referred to as cooperative advertising. In another situation, a large discount store deducted a 2 percent "defect allowance" for each shipment. Because of the influence large retailers exert, these allowances are rarely, if ever, protested.

Cash Discounts

Discounts are sometimes given by the manufacturer for prompt payment by customers. These discounts may range from 2 to 4 percent depending upon the size and influence of the customer.

Accounting for Returns, Allowances, and Discounts

Most manufacturers examined accounted for returns and allowances through a normal credit memo system. Whenever a return or discrepancy arose, the taxpayer would first verify the propriety of the return or allowance. For instance, any customer complaints about missing items would be crosschecked with the bills of lading and the shipping invoices. If the claim is valid, a credit memo will be issued to the customer usually to be applied against any subsequent sales.

The credit memos will usually be accounted for using some sort of journal. They are normally segregated together depending upon the type of return or allowance and a debit to the related general ledger account will be made. The credit will then reduce the accounts receivables.

Issues Encountered

Issues are not usually raised with actual returns and allowances. However, many issues are generated because the taxpayer will attempt to use a reserve account or estimate the returns and allowances at year end.

For financial accounting purposes, reserves for estimated expenses such as returns and allowances or discounts based on past experience is an approved method of more accurately stating period income.

Such reserves are generally unallowable for tax accounting purposes having been abolished for most taxpayers by the Tax Reform Act of 1986 (with the bad debt reserve allowable in certain cases). Reserves for other estimated expenses have been repeatedly disallowed by the courts as not being specifically allowed for by the Code and failing to meet the all events tests for fixing liability.

The use of reserves for financial accounting purposes has been found in the furniture industry. In some cases, there may be a contra account called "Reserve for Returns and Allowances," "Allowance for Cash Discounts," or some other similar title which will be adjusted at year end as required. A balance sheet

reconciliation may show it to be netted with the accounts receivable to arrive at the tax return balance. Journal entries at year end may then show increases or

decreases to the reserve account with a corresponding increase or decrease to the returns or allowances accounts.

Alternately, and perhaps more frequently, adjusting journal entries are prepared at year end, debiting returns and allowances and crediting receivables directly, without the use of a reserve general ledger account. Such journal entries will be reversed whereas entries adjusting the reserve account will not. If an adjustment is made using this method, a reserve can be readily detected by inspection of the year end adjusting journal entries and the general ledger accounts, which will open with a large reversing journal entry and close with one or more large adjusting journal entries. A formidable reserve in the contra (Returns and Allowance) account may open the account with a large credit balance due to the posting of the reversal which is not erased until well into the year or close to year end.

A variation, on the preceding method, is to accrue subsequent returns or

allowances by totaling credit memos issued in the months following the close of the fiscal year. Those deemed applicable to the prior year's sales are then accrued. Such accruals are of the same nature as a reserve, though they are not based on year end estimates, but rely on actual figures that are necessarily developed at a later date. The propriety of such accruals is based on the same criteria as is the propriety of any other reserve.

In one case, the taxpayer was following the financial accounting matching concept by accruing for cash discounts anticipated to be taken from the sales made during the last month of the taxable year. This accrual was computed by taking an historical percentage and multiplying against the last month's sales. This is a case where IRC section 461 was applicable and required the use of the all-events and economic performance test to determine whether this accrual was allowable for income tax purposes. The examiner disallowed the reserve amount by proposing an IRC section 481 adjustment.

There are, of course, many variations on the methods of accounting for reserves, but those outlined above are typical and knowledge of these formats should enable the examiner to detect the presence of a reserve.

If a reserve, on the books, is used for financial reporting purposes but not for tax purposes, an M-1 adjustment will be noted in conjunction with a deferred income tax account on the books.

Chapter 6