Hospital Corporation of America and Subsidiaries - Page 40

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          keeping its books.  Section 446(b), however, provides that if the           
          method of accounting regularly utilized by the taxpayer does not            
          clearly reflect taxable income, the computation of taxable income           
          shall be made under such method as, in the Commissioner's                   
          opinion, does clearly reflect income.  The Commissioner's                   
          authority under section 446(b) reaches not only overall methods             
          of accounting but also a taxpayer's method of accounting for                
          specific items of income and expense.  Ford Motor Co. v.                    
          Commissioner, 102 T.C. 87, 100 (1994), affd. 71 F.3d 209 (6th               
          Cir. 1995); Prabel v. Commissioner, 91 T.C. 1101, 1112 (1988),              
          affd. 882 F.2d 820 (3d Cir. 1989); sec. 1.446-1(a), Income Tax              
          Regs.                                                                       
               It is well recognized that section 446 grants the                      
          Commissioner broad discretion in matters of accounting and gives            
          the Commissioner wide latitude to adjust a taxpayer's method of             
          accounting so as to reflect income clearly.  E.g., Thor Power               
          Tool Co. v. Commissioner, 439 U.S. 522, 532-533 (1979);                     
          Commissioner v. Joseph E. Seagram & Sons, Inc., 394 F.2d 738, 743           
          (2d Cir. 1968), revg. 46 T.C. 698 (1966); Thomas v. Commissioner,           
          92 T.C. 206, 220 (1989).  Section 446 imposes a heavy burden of             
          proof on a taxpayer disputing the Commissioner's determination on           
          accounting matters.  Thor Power Tool Co. v. Commissioner, supra             
          at 532-533.  To prevail, a taxpayer must establish that                     
          respondent's determination is "clearly unlawful" or "plainly                
          arbitrary".  Id.                                                            




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