- 19 - information for its readership and running advertisements for its clients), and that it was not the type of merchandiser envisioned by the inventory regulations. Id. The court found that even though the taxpayer sold an extremely perishable commodity (a 2- day-old newspaper is stale), and therefore it had virtually no inventories of finished goods, the taxpayer was required to account for inventories because the sale of merchandise was an income-producing factor and there was a significant fluctuation of newsprint and ink on hand, which had a significant effect on taxable income. Id. at 790-791. The Court of Appeals also stated that in deciding whether a taxpayer must adopt inventories, the size of the account and the fluctuations are relevant. Id. at 791. After discussing the language in section 1.471-1, Income Tax Regs., that requires inventories in “every case in which the * * * sale of merchandise is an income-producing factor”, the court said: Nevertheless, given that the ultimate goal of the regulation is “to reflect taxable income correctly,” id., we hold that purpose is not served where inventories and inventory fluctuations would be de minimis and have virtually no effect on the reflection of income. * * * On the other hand, if either the absolute level of the inventory account or its fluctuation during the year would be substantial, then the taxpayer must use inventories if it meets the other requirements of section 1.471-1. [Id.] See also Ezo Products v. Commissioner, 37 T.C. 385, 393 (1961). Similarly, in Asphalt Prods. Co. v. Commissioner, 796 F.2d at 849, the court said, in dicta:Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011