-20- Respondent objected to ASAP's use of the cash method, because under that method deductions and revenues were mismatched, which allegedly distorted ASAP's reported income. Respondent's objection is actually a general objection to the cash method of accounting; the mismatching of deductions and revenue is inherent to the cash method. See RLC Indus. Co. v. Commissioner, supra at 493. Respondent did not express any legal argument or proffer any evidence that actually supports her determination that ASAP is required to use the accrual method of accounting. Respondent's argument essentially is that ASAP must change from the cash method of accounting to the accrual method because the accrual method would increase petitioners' taxable income. Thus, based on the facts of the instant case, including the fact that ASAP has consistently used the cash method of accounting without any evidence that it attempted to prepay expenses unreasonably or purchase supplies in advance, is not required to maintain an inventory, and is not otherwise required by the Code or regulations to use the accrual method of accounting, we find that respondent's determination that ASAP's use of the cash method of accounting did not produce a clear reflection of income was clearly unlawful and plainly arbitrary. In so finding, we also find that respondent's position was not substantially justified. See Mauerman v. Commissioner, T.C. Memo. 1995-237. Furthermore, as it is evident from the Form 886-Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011