- 40 - 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.Page: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Next
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