- 7 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011