- 7 - Ridder Newspapers, Inc. v. United States, supra (newsprint used in connection with a newspaper publishing business); Wilkinson- Bean v. Commissioner, 420 F.2d. at 352 (purchase and sale of caskets maintained by a funeral home); see also Thompson Elec., Inc. v. Commissioner, T.C. Memo. 1995-292 (materials used by an electrical contractor); J.P. Sheahan Associates v. Commissioner, T.C. Memo. 1992-239 (roofing materials used in a roofing repair business); Surtronics, Inc. v. Commissioner, T.C. Memo. 1985-277 (metals used by a taxpayer in its electroplating business). We find critical the fact that petitioner's sale of gems was the only source of income from his business. Petitioner argues that he has consistently used the cash method from the start of his business, and that the cash method is (1) authorized by the Internal Revenue Code and (2) clearly reflects his income. Under the facts at hand, however, we conclude that the cash method is not an authorized method for reporting petitioner's purchases and sales of gems.2 Because the cash method is not an authorized method, the Commissioner did not commit an abuse of discretion in changing petitioner's method to an authorized method. An accrual method is authorized for the 2 In this regard, the record does not indicate that the results under the cash method would be substantially identical with the results under an accrual method. See Wilkinson-Bean, Inc. v. Commissioner, 420 F.2d 352 (1st Cir. 1970), affg. T.C. Memo. 1969-79; Ansley-Sheppard-Burgess Co. v. Commissioner, 104 T.C. 367, 377 (1995);Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011