- 29 - C. Review of Determinations Made Under Section 446(b) 1. Clear Reflection Even though a taxpayer is restricted from changing its method of accounting without the Commissioner's consent, the Commissioner can change the taxpayer's method when the existing method does not clearly reflect income. Sec. 446(b). Respondent determined that Investments’ method of accounting for its new car and new truck inventories did not clearly reflect income. Petitioner asserts that Investments’ method of accounting for its new car and new truck inventories did clearly reflect income. Inventory accounting is governed by sections 446 and 471. Thor Power Tool Co. v. Commissioner, 439 U.S. 522, 531 (1979). Sections 446 and 471 vest the Commissioner with wide discretion in matters of inventory accounting and give her wide latitude to adjust a taxpayer’s method of accounting for inventory so as to clearly reflect income. Id. at 532; Hamilton Indus., Inc. & Sub. v. Commissioner, supra at 128. Accordingly, the Commissioner's determination with respect to clear reflection of income is entitled to more than the usual presumption of correctness, and the taxpayer bears a heavy burden of overcoming a determination that a method of accounting does not clearly reflect income. Hamilton Indus, Inc. & Sub. v. Commissioner, supra at 128; Rotolo v. Commissioner, 88 T.C. 1500, 1513-1514 (1987). However, if a 18(...continued) new truck pool; accordingly, we find that petitioner conceded this issue.Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011