E.W. Richardson - Page 29

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               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.                                                                 


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