The Kroger Company and Subsidiaries - Page 38

                                               - 38 -                                                 
            respondent's method violates the principle of annual accounting.                          
            Of course, under the retailers’ shrinkage method, the retailers’                          
            estimates of shrinkage accruals are also based on information                             
            gathered from prior years, since the retailers’ shrinkage rates                           
            are dependent, in part, on historical data.  The distinction,                             
            however, is that the retailers’ shrinkage method utilizes prior                           
            year information as a factor in calculating the current year’s                            
            shrinkage rate, whereas respondent’s method plainly substitutes                           
            yearend shrinkage of the prior year for yearend shrinkage of the                          
            taxable year.                                                                             
                  If physical inventories were required to be taken at year's                         
            end, taxable year shrinkage would be known with certainty, and no                         
            estimate of yearend shrinkage would be necessary.  Physical                               
            inventories, however, are not required to be taken at year's end.                         
            Sec. 1.471-2(d), Income Tax Regs.  Once the Secretary decided not                         
            to require physical inventories at year’s end, see Dayton Hudson                          
            Corp. & Subs. v. Commissioner, 101 T.C. at 467; sec. 1.471-2(d),                          
            Income Tax Regs., and taxpayers began to exercise the privilege                           
            of computing yearend inventories from book inventory records,                             
            estimations of yearend shrinkage became inescapable, whether the                          
            method of estimating yearend shrinkage involves calculation (the                          
            retailers' shrinkage method) or substitution (respondent's                                
            method).  Respondent recognizes that fact.  Respondent's                                  
            position, however, is that, unless a taxpayer can demonstrate the                         
            accuracy of his calculation of yearend shrinkage, the taxpayer                            




Page:  Previous  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47  Next

Last modified: May 25, 2011