- 21 - is incurred, and generally is taken into account for Federal income tax purposes, in the taxable year in which all the events have occurred that establish the fact of the liability, the amount of the liability can be determined with reasonable accuracy, and economic performance has occurred with respect to the liability. * * * The term “liability”, as used in section 1.446-1(c)(1)(ii)(A), Income Tax Regs., is defined in section 1.446-1(c)(1)(ii)(B), Income Tax Regs., to include “a cost taken into account in computing cost of goods sold”. Notwithstanding the latitude generally enjoyed by a taxpayer in selecting a method of accounting, where inventories are employed, accrual accounting is the general rule to account for purchases and sales: Where inventories are employed, purchases and sales must be computed on the accrual method (unless another method is authorized by the Commissioner) in order to avoid the distortion of income. Sec. 1.446-1(c)(2), Income Tax Regs.; Stoller v. United States, 162 Ct. Cl. 839, 845, 320 F.2d 340, 343 (1963). Molsen v. Commissioner, 85 T.C. 485, 499 (1985). In any event, a taxpayer’s right to adopt a method of accounting is subject to the requirement that the method must clearly reflect income. Section 446(b) states that, if the method adopted “does not clearly reflect income, the computation of taxable income shall be made under such method as, in the opinion of the Secretary, does clearly reflect income.” See also sec. 1.446-1(c)(1)(ii)(C), Income Tax Regs.Page: 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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