# 26 U.S.C. § 442: Change of annual accounting period

Source: OLRC release point 119-134 <https://uscode.house.gov/us/usc/119-134/t26/s442>. Cite pinpoints as 26 U.S.C. § 442(a)(1).

If a taxpayer changes his annual accounting period, the new accounting period shall become the taxpayer’s taxable year only if the change is approved by the Secretary. For purposes of this subtitle, if a taxpayer to whom section 441(g) applies adopts an annual accounting period (as defined in section 441(c)) other than a calendar year, the taxpayer shall be treated as having changed his annual accounting period.

## Regulations

- [Treas. Reg. § 1.442-1](/26/reg/1.442-1.md): Change of annual accounting period. (interprets § 442)

## Forms named in the regulations

- [Form 1128](https://www.irs.gov/pub/irs-pdf/f1128.pdf)

## Final rules

- [67 FR 35009](https://www.federalregister.gov/documents/2002/05/17/02-12169/changes-in-accounting-periods) (2002): Changes in Accounting Periods

## Leading cases

- [Kaiser Cement Corp. v. United States, 8 Cl. Ct. 34 (Ct. Cl. 1985)](https://www.courtlistener.com/opinion/6929064/kaiser-cement-corp-v-united-states/)
- [Stonegate of Blacksburg, Inc. v. Commissioner, T.C. Memo. 1974-213](https://www.courtlistener.com/opinion/4810486/stonegate-of-blacksburg-inc-v-commissioner/)

## Connections

Cites: § 441 Period for computation of taxable income

Cited by: § 859 Adoption of annual accounting period; § 1398 Rules relating to individuals’ title 11 cases; § 6110 Public inspection of written determinations

Derived from: 1939 § 46

## Amendments

- 1954-08-16: [Act Aug. 16, 1954, ch. 736](/26/act/1954-ch736.md), 68A Stat. 149
- 1976-10-04: [Pub. L. 94-455](/26/act/94-455.md), 90 Stat. 1834