Galedrige Construction, Inc. - Page 24

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          years at issue.  Respondent determined that petitioner had                  
          inventories and therefore was required to use the accrual method            
          of accounting.  We have found that petitioner has no merchandise            
          inventories; however, our finding does not preclude the                     
          possibility that petitioner may be required to use the method of            
          accounting selected by respondent in order to clearly reflect               
          income.                                                                     
               The issue we must decide is whether respondent's                       
          determination that petitioner must report its income on the                 
          accrual method of accounting constitutes an abuse of discretion.            
          The Commissioner is granted broad discretion in determining                 
          whether a taxpayer's use of an accounting method clearly reflects           
          income.  Sec. 446(b); United States v. Catto, 384 U.S. 102, 114 &           
          n.22 (1966), rehearing denied 384 U.S. 981 (1966); Commissioner             
          v. Hansen, 360 U.S. 446, 468 & n.12 (1959); Lucas v. American               
          Code Co., 280 U.S. 445, 449 (1930).  No method of accounting is             
          acceptable unless, in the opinion of the Commissioner, it clearly           
          reflects income.  Sec. 1.446-1(a)(2), Income Tax Regs.  Thus, a             
          prerequisite to the Commissioner's requirement that a taxpayer              
          change its present method of accounting is a determination that             
          the method used by the taxpayer does not clearly reflect income.            
          Sec. 446(b); Hallmark Cards, Inc. v. Commissioner, 90 T.C. 26, 31           
          (1988).                                                                     
               Whether an abuse of discretion has occurred depends on                 
          whether the Commissioner's determination is without sound basis             
          in fact or law.  Ansley-Sheppard-Burgess Co. v. Commissioner, 104           



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