Hospital Corporation of America and Subsidiaries - Page 59

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          Associates v. Commissioner, T.C. Memo. 1992-239; Surtronics, Inc.           
          v. Commissioner, T.C. Memo. 1985-277.                                       
               The substantial-identity-of-results test was first                     
          articulated in Wilkinson-Beane, Inc. v. Commissioner, supra.  The           
          taxpayer had argued that the disparity in gross income under the            
          cash method and an accrual method was inconsequential.  The Court           
          of Appeals disagreed, stating:                                              
               The standard we apply is whether the taxpayer's method                 
               of accounting reflects his income with as much accuracy                
               as standard methods of accounting permit.  In our view,                
               this means that the taxpayer must demonstrate                          
               substantial identity of results between his method and                 
               the method selected by the Commissioner.  * * *  [Id.                  
               at 356; fn. ref. omitted.]                                             
               We recently had occasion to address the substantial-                   
          identity-of-results test in Ansley-Sheppard-Burgess Co. v.                  
          Commissioner, supra.  In that case, the Commissioner argued,                
          inter alia, that in order to show an abuse of discretion by the             
          Commissioner a taxpayer using the cash method to report income              
          must, in all instances, be able to show a substantial identity of           
          results between the cash method and the method of accounting                
          which the Commissioner determines clearly reflects the taxpayer's           
          income.  We disagreed, stating:                                             
               Respondent's contention that we must apply the                         
               substantial-identity-of-results test in cases where the                
               taxpayer is not required to maintain an inventory is                   
               without support in the case law.  * * *  [Id. at 377.]                 
               The Court of Appeals for the Sixth Circuit, to which the               
          instant case would be appealable absent stipulation to the                  





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