- 42 - a particular method of accounting clearly reflects income is a question of fact which must be decided on a case-by-case basis. Ansley-Sheppard-Burgess Co. v. Commissioner, supra; Peninsula Steel Prods. & Equip. Co. v. Commissioner, 78 T.C. 1029, 1045 (1982). The Court's task is not to determine whether, in its own opinion, the taxpayer's method of accounting clearly reflects income but to determine whether there is an adequate basis in law for the Commissioner's conclusion that it does not. American Fletcher Corp. v. United States, 832 F.2d 436, 438 (7th Cir. 1987); RCA Corp. v. United States, 664 F.2d 881, 886 (2d Cir. 1981); Ansley-Sheppard-Burgess Co. v. Commissioner, supra. Financial and tax accounting treatment may often diverge. Thor Power Tool Co. v. Commissioner, supra at 542-544; Challenge Publications, Inc. v. Commissioner, 845 F.2d 1541, 1546 (9th Cir. 1988), affg. T.C. Memo. 1986-36. Consequently, even if a method of accounting comports with Generally Accepted Accounting Principles (GAAP), the method will not control for tax purposes if it does not clearly reflect income. Thor Power Tool Co. v. Commissioner, supra at 538-544; see also Hamilton Indus., Inc. v. 17(...continued) appeal in the instant case would lie absent stipulation to the contrary, follows the standard enunciated in Caldwell v. Commissioner, 202 F.2d 112, 115 (2d Cir. 1953), that "income should be reflected with as much accuracy as standard methods of accounting practice permit." Asphalt Prods. Co. v. Commissioner, 796 F.2d 843, 849 (6th Cir. 1986), affg. in part and revg. in part Akers v. Commissioner, T.C. Memo. 1984-208, revd. per curiam on another issue 482 U.S. 117 (1987).Page: Previous 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 Next
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