- 59 - 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 thePage: Previous 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Next
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