- 21 - made an unauthorized change in method of accounting when it changed the definition of such units to body size in its LIFO inventory computations subsequent to Richardson I. Petitioner asserts that Investments elected to define its inventory units for its new car pool by body size, and it consistently applied the body size definition from the year of election through the computations subsequent to Richardson I. In the alternative, petitioner asserts that respondent implicitly consented to a body size definition of its inventory units. To determine the scope of a taxpayer’s LIFO election, we examine the facts and circumstances of the case. First Natl. Bank v. Commissioner, 88 T.C. 1069, 1080 (1987). In First Natl. Bank, we addressed the issue of whether a taxpayer had elected to include soil aggregate in its LIFO inventory. After analyzing the scope of the taxpayer’s business, the information provided on its Form 970, its tax returns, and other business records, we held that the taxpayer had elected to include the soil aggregate in its LIFO inventory. Id. at 1079-1080. Petitioner has the burden of proof on this issue. Rule 142(a). There is some language in Richardson I which suggests that Investments defined its inventory units by model code. Richardson Invs., Inc. v. Commissioner, 76 T.C. at 739. However, as discussed more fully infra p. 36, this finding was not material to the decision in that case. Furthermore, Investments' comptroller and Investments' C.P.A. both testified thatPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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