- 24 - 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, 104Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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