Galedrige Construction, Inc. - Page 19

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          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:                                           





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