HENLEY, Senior Circuit Judge:
James Howard appeals his conviction on two counts of intentionally signing false tax returns for the year 1982 in violation of 26 U.S.C. § 7206(1). Howard was sentenced by the district court to eighteen months in prison on the first count, to be followed by a period of five years of probation on the second count. In addition, the court imposed a fine of $15,000.00.
In June of 1982, Howard entered into a written agreement with James McMahan, a [834]*834real estate developer. At the time, Howard was a member of the Atlanta City Council. The agreement provided that Howard would act as a consultant to McMa-han with respect to Resurgens Plaza, an office building development which McMa-han was to build on a parcel of land in Atlanta. The agreement provided that Howard would provide consulting services with respect to zoning, the acquisition of development rights, and construction. More specifically, Howard was to provide services in the areas of “community relations, governmental relations, and minority contractor participation in the construction of the Project.” In return, Howard was to receive a fee of $300,000.00, later increased in an amendment to the contract to $475,-000.00. The government’s evidence showed that Howard received payment in the amount of $118,400.00 and home improvement work worth $50,820.38 from McMahan in 1982 in'return for Howard’s services under the agreement.
Count one of the indictment charged that Howard’s 1982 individual income tax return was false in that it did not reflect the $118,400.00 Howard received from McMa-han in 1982.1 After the agreement became public knowledge, Howard amended his 1982 return to show $25,000.00 in receipts from McMahan in that year. Count 2 of the indictment alleged that the amended return was false inasmuch as it did not include the balance of the $118,400.00 Howard received from McMahan in 1982.
Following jury trial, Howard was convicted on both counts. After having unsuccessfully moved the district court in the alternative for a new trial, or for acquittal, Howard appealed, contending that the court gave erroneous jury instructions, erroneously excluded expert testimony, and erred in allowing evidence of extrinsic acts. We affirm.
Howard first contends that the trial court erred when it instructed the jury that, as a matter of law, the $118,400.00 should have been reported in 1982 and that the court believed the critical and only issue of fact for the jury was whether the defendant’s failure to report was wilful and knowing.2
Howard argues that, by instructing the jury that the payments were reportable as income in 1982, the court directed a verdict on an element of the alleged offense in violation of our holding in United States v. Goetz, 746 F.2d 705 (11th Cir.1984). Goetz involved a defendant charged with wilfully failing to file a federal income tax return. We held that the district court impermissibly applied the law to the facts by instructing the jury that the defendant’s tax form contained no financial information and that it therefore was not a “return.” Id. at 708. We found that this was error, inasmuch as the instruction essentially directed a verdict on one of the elements of the offense alleged, the failure to file a return. Id. at 708, 710. In this case, by contrast, the court merely instructed as a matter of law that the money Howard received from McMahan was reportable in 1982, and correctly left to the jury’s determination the ultimate question whether the income was in fact reported or not reported in violation of the criminal law. Nor is [835]*835reversal required by the trial court’s expression of its “belief” that the only issue for the jury’s consideration was the defendant’s wilfulness and intent. In Goetz we distinguished a trial judge’s strong expression of opinion from an instruction directing a verdict. 746 F.2d at 709.
Here, the court quite properly instructed that the government must prove beyond a reasonable doubt that (1) the defendant made or caused to be made an income tax return that was false as to a material matter; (2) the return contained a written declaration that it was made under the penalty of perjury; (3) the defendant did not believe the return to be true and correct as to one or more of the material matters charged in the indictment; and (4) the defendant made or caused to be made and signed the return wilfully.
In other instructions it was made clear that the jury was the judge of the facts and that comments of the court concerning facts were not binding upon the jury. Considering the instructions as a whole, as a unit, as the jury was told it should do, the element of knowing and wilful filing of a false return clearly was left for the jury to determine.
Moreover, we note that at trial the battle was fought to the jury largely upon intent and wilfulness. 'Many of the basic facts were not in dispute.
We note as well that materiality has been held to be a question of law for the court, United States v. Gaines, 690 F.2d 849, 856 (11th Cir.1982); United States v. Taylor, 574 F.2d 232, 235 (5th Cir.), cert. denied, 439 U.S. 893, 99 S.Ct. 251, 58 L.Ed.2d 239 (1978); and at least one court has indicated that some aspects of falsity may be treated as a matter of law. United States v. Holecek, 739 F.2d 331, 335-36 n. 4 (8th Cir.1984), cert. denied, 469 U.S. 1218, 105 S.Ct. 1200, 84 L.Ed.2d 343 (1985). We need not pursue at length the extent to which those authorities might be persuasive here since, as indicated, we find that no ultimate question of fact as to an essential element of the crimes charged was improperly taken from the jury. Specifically, we hold that the ultimate issue of falsity of the returns in question was left for jury determination.
Appellant contends, however, that the court should not have found that the money was reportable in 1982. He claims that the court improperly determined that the amounts paid were not loans or advances subject to repayment. The district court found no evidence sufficient to support a finding that McMahan’s payments to Howard were loans or carried any repayment obligation. United States v. Howard, 655 F.Supp. 392, 397 (N.D.Ga.1987). Appellant points to McMahan’s testimony at trial that, had Howard not performed his obligations under the contract, McMahan would have sued to recover the amounts he had already paid. This testimony was patently insufficient to establish the existence of a loan. Where the facts are undisputed, the question whether an advance constitutes a loan is a question of law for the court to decide. Alterman Foods, Inc. v. United States, 505 F.2d 873, 876 (5th Cir.1974). Although Alterman was a civil case, we agree with the government’s position that its reasoning applies here as well, for a defendant is not entitled to an instruction on an issue that is not raised by the evidence. United States v. Costello, 760 F.2d 1123, 1127 (11th Cir.1985).
Howard next contends that the court erred in its instruction that the income was reportable in 1982 because, he argues, he was entitled to defer reporting the income pursuant to the completed, or long-term, contract method of accounting.
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HENLEY, Senior Circuit Judge:
James Howard appeals his conviction on two counts of intentionally signing false tax returns for the year 1982 in violation of 26 U.S.C. § 7206(1). Howard was sentenced by the district court to eighteen months in prison on the first count, to be followed by a period of five years of probation on the second count. In addition, the court imposed a fine of $15,000.00.
In June of 1982, Howard entered into a written agreement with James McMahan, a [834]*834real estate developer. At the time, Howard was a member of the Atlanta City Council. The agreement provided that Howard would act as a consultant to McMa-han with respect to Resurgens Plaza, an office building development which McMa-han was to build on a parcel of land in Atlanta. The agreement provided that Howard would provide consulting services with respect to zoning, the acquisition of development rights, and construction. More specifically, Howard was to provide services in the areas of “community relations, governmental relations, and minority contractor participation in the construction of the Project.” In return, Howard was to receive a fee of $300,000.00, later increased in an amendment to the contract to $475,-000.00. The government’s evidence showed that Howard received payment in the amount of $118,400.00 and home improvement work worth $50,820.38 from McMahan in 1982 in'return for Howard’s services under the agreement.
Count one of the indictment charged that Howard’s 1982 individual income tax return was false in that it did not reflect the $118,400.00 Howard received from McMa-han in 1982.1 After the agreement became public knowledge, Howard amended his 1982 return to show $25,000.00 in receipts from McMahan in that year. Count 2 of the indictment alleged that the amended return was false inasmuch as it did not include the balance of the $118,400.00 Howard received from McMahan in 1982.
Following jury trial, Howard was convicted on both counts. After having unsuccessfully moved the district court in the alternative for a new trial, or for acquittal, Howard appealed, contending that the court gave erroneous jury instructions, erroneously excluded expert testimony, and erred in allowing evidence of extrinsic acts. We affirm.
Howard first contends that the trial court erred when it instructed the jury that, as a matter of law, the $118,400.00 should have been reported in 1982 and that the court believed the critical and only issue of fact for the jury was whether the defendant’s failure to report was wilful and knowing.2
Howard argues that, by instructing the jury that the payments were reportable as income in 1982, the court directed a verdict on an element of the alleged offense in violation of our holding in United States v. Goetz, 746 F.2d 705 (11th Cir.1984). Goetz involved a defendant charged with wilfully failing to file a federal income tax return. We held that the district court impermissibly applied the law to the facts by instructing the jury that the defendant’s tax form contained no financial information and that it therefore was not a “return.” Id. at 708. We found that this was error, inasmuch as the instruction essentially directed a verdict on one of the elements of the offense alleged, the failure to file a return. Id. at 708, 710. In this case, by contrast, the court merely instructed as a matter of law that the money Howard received from McMahan was reportable in 1982, and correctly left to the jury’s determination the ultimate question whether the income was in fact reported or not reported in violation of the criminal law. Nor is [835]*835reversal required by the trial court’s expression of its “belief” that the only issue for the jury’s consideration was the defendant’s wilfulness and intent. In Goetz we distinguished a trial judge’s strong expression of opinion from an instruction directing a verdict. 746 F.2d at 709.
Here, the court quite properly instructed that the government must prove beyond a reasonable doubt that (1) the defendant made or caused to be made an income tax return that was false as to a material matter; (2) the return contained a written declaration that it was made under the penalty of perjury; (3) the defendant did not believe the return to be true and correct as to one or more of the material matters charged in the indictment; and (4) the defendant made or caused to be made and signed the return wilfully.
In other instructions it was made clear that the jury was the judge of the facts and that comments of the court concerning facts were not binding upon the jury. Considering the instructions as a whole, as a unit, as the jury was told it should do, the element of knowing and wilful filing of a false return clearly was left for the jury to determine.
Moreover, we note that at trial the battle was fought to the jury largely upon intent and wilfulness. 'Many of the basic facts were not in dispute.
We note as well that materiality has been held to be a question of law for the court, United States v. Gaines, 690 F.2d 849, 856 (11th Cir.1982); United States v. Taylor, 574 F.2d 232, 235 (5th Cir.), cert. denied, 439 U.S. 893, 99 S.Ct. 251, 58 L.Ed.2d 239 (1978); and at least one court has indicated that some aspects of falsity may be treated as a matter of law. United States v. Holecek, 739 F.2d 331, 335-36 n. 4 (8th Cir.1984), cert. denied, 469 U.S. 1218, 105 S.Ct. 1200, 84 L.Ed.2d 343 (1985). We need not pursue at length the extent to which those authorities might be persuasive here since, as indicated, we find that no ultimate question of fact as to an essential element of the crimes charged was improperly taken from the jury. Specifically, we hold that the ultimate issue of falsity of the returns in question was left for jury determination.
Appellant contends, however, that the court should not have found that the money was reportable in 1982. He claims that the court improperly determined that the amounts paid were not loans or advances subject to repayment. The district court found no evidence sufficient to support a finding that McMahan’s payments to Howard were loans or carried any repayment obligation. United States v. Howard, 655 F.Supp. 392, 397 (N.D.Ga.1987). Appellant points to McMahan’s testimony at trial that, had Howard not performed his obligations under the contract, McMahan would have sued to recover the amounts he had already paid. This testimony was patently insufficient to establish the existence of a loan. Where the facts are undisputed, the question whether an advance constitutes a loan is a question of law for the court to decide. Alterman Foods, Inc. v. United States, 505 F.2d 873, 876 (5th Cir.1974). Although Alterman was a civil case, we agree with the government’s position that its reasoning applies here as well, for a defendant is not entitled to an instruction on an issue that is not raised by the evidence. United States v. Costello, 760 F.2d 1123, 1127 (11th Cir.1985).
Howard next contends that the court erred in its instruction that the income was reportable in 1982 because, he argues, he was entitled to defer reporting the income pursuant to the completed, or long-term, contract method of accounting. In tandem with this argument, he contends that the court also erred by excluding expert testimony offered in support of this theory. These arguments lack merit. The treasury regulations define a long-term contract as “a building, installation, construction or manufacturing contract which is not completed within the taxable year in which it is entered into.” 26 C.F.R. § 1.451-3(b)(l)(i). The income from a long-term contract may be reported in the year in which the work is completed. 26 C.F.R. § 1.451-3(a)(l) & (b)(2).
The Internal Revenue Service has made clear its position, however, that the [836]*836long-term contract method does not apply to contracts for personal services, even though the services have some nexus to actual construction. Rev.Rul. 70-67, 1970-1 C.B. 117 (architect may not use method); Rev.Rul. 80-18, 1980-1 C.B. 103 (method not available for engineering services); Rev. Rui. 82-134, 1982-2 C.B. 88 (same). Although revenue rulings do not have the force of law, they are “entitled to respectful consideration,” Groves v. United States, 533 F.2d 1376, 1380 (5th Cir.) (internal quotation omitted), cert. denied, 429 U.S. 1000, 97 S.Ct. 529, 50 L.Ed.2d 611 (1976), and are “to be given weight as expressing the studied view of the agency whose duty it is to carry out the statute.” Miami Beach First National Bank v. United States, 443 F.2d 475, 478 (5th Cir.), cert. denied, 404 U.S. 984, 92 S.Ct. 447, 30 L.Ed.2d 367 (1971). Accord, City Gas Co. of Florida v. Commissioner, 689 F.2d 943, 946 n. 5 (11th Cir.1982). The district court found that Howard did not contract to perform any construction work, but was merely obligated by his agreement with McMa-han to perform personal services. 655 F.Supp. at 399-400. Howard brings nothing to our attention on appeal to controvert the district court’s findings, but merely restates his assertion that he was entitled to use the long-term contract method. We agree with the district court’s thorough and well-reasoned analysis, and we find no error in the instructions or the exclusion of the testimony of Howard’s expert witness.
Howard argues that, even if he was not entitled to use the completed contract method, he should have been allowed to introduce expert testimony to show that the law is unclear on that issue. When the law is unsettled as to whether income is reportable, a defendant in a criminal case may be entitled to introduce expert testimony to that effect in order to show that he did not wilfully attempt to avoid tax liability. United States v. Garber, 607 F.2d 92, 98 (5th Cir.1979); see United States v. Heller, 830 F.2d 150, 154-55 (11th Cir.1987).
As authority for the proposition that the completed contract method was arguably available to him, Howard relies on Loftin & Woodard, Inc. v. United States, 577 F.2d 1206 (5th Cir.1978). The district court thoroughly analyzed and distinguished Lof-tin:
[T]he potential applicability [in Loftin ] of the completed contract method of accounting is premised, as are the revenue rulings ... on the existence of unpredictable, fluctuating costs, similar to those faced by a general contractor, associated with a multi-year project involving physical activity analogous to the type of activity performed by a general contractor.... [0]n the other hand, there is no evidence that Mr. Howard bore any of [the] risks similar to those of a general contractor. Unlike the corporate taxpayer in Loftin, Mr. Howard was not in any way responsible for the final product and could not be held liable for defects in the final product; and, unlike the individual taxpayers in Loftin, Mr. Howard had no construction-related costs to incur.
655 F.Supp. at 402.
Again, on appeal Howard does not explicitly take issue with this reasoning; he merely asserts, without elaboration, that Loftin stands for the proposition that he was entitled to use the completed contract method. We agree with the district court that Loftin does not create any uncertainty or dispute in the law with respect to the type of contract at issue in this case. The principle that the completed contract method is in large part justified by the difficulty in determining the net profitability of a construction project because of fluctuating and unforeseen costs is a longstanding one. See Sam W. Emerson Co. v. Commissioner, 37 T.C. 1063, 1068-69 (1962); Fort Pitt Bridge Works v. Commissioner, 24 B.T.A. 626, 641 (1931), rev’d on other grounds, 92 F.2d 825 (3d Cir.1937), cert. denied, 303 U.S. 659, 58 S.Ct. 763, 82 L.Ed. 1118 (1938).3 Howard cites, and we have found, no authority to the contrary. In fact, Ho[837]*837ward does not precisely identify the nature of the asserted dispute or uncertainty in the law. Hence, we conclude that the district court properly excluded Howard’s proffered expert testimony and correctly determined as a matter of law that the long-term contract method did not apply.
An additional ground for affirmance arises from the paucity of evidence that Howard believed he was entitled to use the long-term method, or that he was aware of any uncertainty in the law. It is true that in Garber the Fifth Circuit held that “the relevance of a dispute in the law does not depend on whether the defendant actually knew of the conflict.” Garber, 607 F.2d at 98. However, expert testimony is not admissible merely to advance a “plausible” theory. United States v. Burton, 737 F.2d 439, 443-44 (5th Cir.1984). Thus, a defendant may be required to show that his belief in the validity of the reporting method used is linked to the uncertainty in the law when the uncertainty “does not approach vagueness and is neither widely recognized nor related to a novel or unusual application of the law.” Id. at 444. We find this reasoning sound, and, even assuming some degree of uncertainty in this case, our discussion so far demonstrates that the law is not open to the type of dispute contemplated in Burton. We recently held that a defendant was entitled to an instruction that acquittal was required if the jury found that he either used or believed in good faith that he was using a debatably permitted accounting method. United States v. Heller, 830 F.2d 150, 154-55 (11th Cir.1987). Appellant points to evidence that he told his accountant in 1983 that he had received some money and would be receiving some more; we fail to see how this alone can be taken to require or support a finding that appellant was confused or entertained any particular thoughts about the long-term contract method of accounting.
Finally, Howard contends that the trial court erroneously admitted evidence of his zoning and political activities on behalf of McMahan pursuant to their agreement. Howard contends that this evidence should have been excluded under Rule 404(b) of the Federal Rules of Evidence, which proscribes the use of extrinsic acts as evidence of the defendant’s character. United States v. Beechum, 582 F.2d 898, 910 (5th Cir.1978) (en banc), cert. denied, 440 U.S. 920, 99 S.Ct. 1244, 59 L.Ed.2d 472 (1979). Extrinsic evidence may be admitted, however, if it is relevant, if it is offered on an issue other than the defendant’s character, and if its probative value is not substantially outweighed by its prejudicial effect. Huddleston v. United States, — U.S. -, -, 108 S.Ct. 1496, 1501-02, 99 L.Ed.2d 771 (1988); United States v. Kerr, 778 F.2d 690, 695 (11th Cir.1985).4
The district court correctly ruled that the government’s evidence was submitted for the purpose of countering Howard’s portrayal of his relationship with McMahan as open and aboveboard, and not for the purpose of attacking Howard’s character. The government argues, and we agree, that the evidence could tend to show that Howard’s activities as a councilman on behalf of McMahan constituted a conflict of interest, and that this might have provided Howard with a motive to keep the payments a secret. See Kerr, 778 F.2d 690, 695-96 (defendant’s irregular practice in the dispensing of drugs provided possible motive to burn pharmacy in order to destroy records).
We must next determine whether admission of the evidence created unfair prejudice which substantially outweighed its probative value. Fed.R.Evid. 403; United States v. McRae, 593 F.2d 700, 707 (5th Cir.), cert. denied, 444 U.S. 862, 100 S.Ct. 128, 62 L.Ed.2d 83 (1979). In this we give deference to the sound discretion of the trial judge. Kerr, 778 F.2d at 668. The district court did not allow the government to present the evidence at issue in its case in chief, but permitted its introduction only [838]*838after ruling that the defense opened the door by putting on evidence of Howard’s good faith.5 The court ruled that the government was entitled to rebut that evidence by attempting to show Howard’s mental state with respect to the payments and to establish his desire to prevent their disclosure. 655 F.Supp. at 408. Furthermore, Howard attempted at trial to establish that the monies paid to him were subject to some sort of repayment obligation, a contention he continues to raise on appeal. The evidence of Howard’s activities was admissible in rebuttal, as it was relevant to his right to receive a fee for the services he performed on McMahan’s behalf. Thus, the evidence was highly probative as to whether Howard wilfully failed to report the payments. Given the prosecution’s legitimate need for rebuttal as to issues first broached by the defense, the evidence cannot be characterized as merely “of scant or cumulative probative force, dragged in by the heels for the sake of its prejudicial effect.” United States v. Roark, 753 F.2d 991, 994 (11th Cir.1985) (quoting McRae, 593 F.2d at 707).
Finding no error, we AFFIRM the judgment of the district court.