The Kroger Company and Subsidiaries - Page 37

                                               - 37 -                                                 
                  Respondent does not seriously claim that losses from                                
            shrinkage factors in a cross-year inventory cycle occur only in                           
            the latter year.  Nor does respondent claim that losses from                              
            shrinkage factors do not occur generally throughout an inventory                          
            cycle.  On the record before us, we have no doubt that, on a                              
            regular basis, the retailers experienced losses from theft,                               
            billing errors, and other shrinkage factors.  We also have no                             
            doubt that some of those losses were experienced during the                               
            physical-to-yearend period and gave rise to yearend shrinkage.                            
            Therefore, the principal difference between the retailers’                                
            shrinkage method and respondent’s method is that respondent,                              
            without admitting it, accepts an estimate of yearend shrinkage                            
            while the retailers, by making a shrinkage accrual, consciously                           
            attempt to estimate that shrinkage.                                                       
                  H.  Annual Accounting                                                               
                  It is well settled that the Federal income tax system is                            
            based on annual accounting.  E.g., Heiner v. Mellon, 304 U.S.                             
            271, 275 (1938).  "Inventories are intended to insure a clear                             
            reflection of the year's income by matching sales during the                              
            taxable year with the costs attributable to those sales".  Rotolo                         
            v. Commissioner, 88 T.C. 1500, 1515 (1987).  Respondent's method,                         
            in effect, substitutes yearend shrinkage of the prior year for                            
            yearend shrinkage of the taxable year.  Sales during the taxable                          
            year are matched with losses verified to be both losses for that                          
            year and losses for the end of the prior year.  On its face,                              




Page:  Previous  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  46  Next

Last modified: May 25, 2011