Hospital Corporation of America and Subsidiaries - Page 42

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          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).                                       




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