Legal Opinion

Public Service Co. v. Commissioner

United States Tax Court

Decided March 22, 1982No. Docket No. 15665-79PublishedCited by 19 opinions

Petitioner, a regulated electric utility, reported its income on an accrual calendar year basis and utilized the meter reading and billing cycle of accounting for sales of electricity. Sales of electricity after the last meter reading in December were not billed to customers until after the close of the calendar year. On its income tax return for that year, it deducted the expenses but did not report the income attributable to such sales.

Read the full summary

Petitioner, a regulated electric utility, reported its income on an accrual calendar year basis and utilized the meter reading and billing cycle of accounting for sales of electricity. Sales of electricity after the last meter reading in December were not billed to customers until after the close of the calendar year. On its income tax return for that year, it deducted the expenses but did not report the income attributable to such sales. It did, however, reflect such income on its books of account and financial statements. Because of the foregoing disparity, respondent determined that income…

1Opinion of the Court

OPINION

Tannenwald, Chief Judge:

Respondent determined deficiencies in petitioner’s Federal income taxes as follows:

Year Deficiency

1968 . $96,097

1971 . 71,097

1972 . 726,906

1975 . 1,183,857

The sole issue presented is whether petitioner may use a method of accounting for filing its tax returns which causes it to defer until 1976 recognition of income attributable to certain sales of electricity occurring in December of 1975.1

This case was submitted fully stipulated pursuant to Rule 122.2 The stipulation of facts is incorporated by this reference.

Petitioner is a New Hampshire corporation engaged…

2Cases cited30 opinions

  1. Thor Power Tool Co. v. CommissionerSupreme Court of the United States · 1979
  2. American Automobile Assn. v. United StatesSupreme Court of the United States · 1961
  3. Commissioner v. Idaho Power Co.Supreme Court of the United States · 1974
  4. Schulde v. CommissionerSupreme Court of the United States · 1963
  5. Lucas v. Kansas City Structural Steel Co.Supreme Court of the United States · 1930

25 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. FPL Group, Inc. v. CommissionerUnited States Tax Court · 2000
  2. Hallmark Cards, Inc. v. CommissionerUnited States Tax Court · 1988
  3. Thomas v. CommissionerUnited States Tax Court · 1989
  4. Consumers Power Co. v. CommissionerUnited States Tax Court · 1987
  5. Orange & Rockland Utilities, Inc. v. CommissionerUnited States Tax Court · 1986

14 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API