Galedrige Construction, Inc. - Page 7

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              A taxpayer that has inventories is required to use the                 
          accrual method, unless it can show that use of another method               
          (here, the cash method) would produce a substantial identity of             
          results and that the Commissioner’s determination requiring a               
          change is an abuse of discretion.  Ansley-Sheppard-Burgess Co. v.           
          Commissioner, 104 T.C. 367, 377 (1995); see also Knight-Ridder              
          Newspapers, Inc. v. United States, 743 F.2d 781, 789, 791-793               
          (11th Cir. 1984); Wilkinson-Beane, Inc. v. Commissioner, 420 F.2d           
          352 (1st Cir. 1970), affg. T.C. Memo. 1969-79.                              
          A.   Merchandise                                                            
               Respondent determined that during the years in issue                   
          petitioner's asphalt was merchandise that was an income-producing           
          factor, that petitioner therefore had inventories, and thus it              
          must use the accrual method of accounting in order to clearly               
          reflect taxable income.  Petitioner asserts that it is primarily            
          in the business of providing service; its clients purchase its              
          expertise in paving.  Furthermore, petitioner contends that                 

               4(...continued)                                                        
               any taxpayer, inventories shall be taken by such                       
               taxpayer on such basis as the Secretary may prescribe                  
               as conforming as nearly as may be to the best                          
               accounting practice in the trade or business and as                    
               most clearly reflecting the income.                                    
               By regulation, the Secretary has determined that inventories           
          are necessary if the production, purchase, or sale of merchandise           
          is an income-producing factor.  Sec. 1.471-1, Income Tax Regs.              
          Completing the statutory and regulatory scheme, sec. 1.446-                 
          1(c)(2)(i), Income Tax Regs., provides that a taxpayer that has             
          inventory must also use the accrual method of accounting with               
          regard to purchases and sales.                                              




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