The Kroger Company and Subsidiaries - Page 44

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           errors in the shrinkage accruals for those physical-to-yearend                             
           periods.  Those errors, however, were subject to correction                                
           within the next taxable year and would, on average, involve no                             
           more than 3 or 4 months of possible overestimates.  The limited                            
           potential for deferral is significant to us in deciding whether                            
           income was clearly reflected.2                                                             
                 Respondent abused her discretion in determining that the                             
           retailers’ shrinkage method does not clearly reflect income and                            
           that her method does clearly reflect income.  Taxable income must                          
           be reflected with as much accuracy as standard methods of                                  
           accounting practice permit.  Caldwell v. Commissioner, 202 F.2d                            
           at 115.  Because the retailers did not generally take physical                             
           inventories at year’s end, no accounting method can state with                             
           certainty either yearend shrinkage or the year’s taxable income.                           
           In order to determine the accuracy of the retailers’ shrinkage                             


           2     Shrinkage accruals are no more than estimates, and because                           
           there are tax incentives for maximizing shrinkage accruals, the                            
           potential for tax avoidance exists.  That is so notwithstanding                            
           that minimization of shrinkage factors was a management goal for                           
           each of the retailers.  Essentially, the determination of                                  
           shrinkage accrual rates by the management of each KMA (the                                 
           analysis is the same for Florida Choice and Superx) is not                                 
           dependent entirely on shrinkage factors, which individual store                            
           and department managers have an incentive to minimize.  The                                
           potential for tax avoidance is one of respondent’s objections to                           
           shrinkage accruals.  On the record before us, however, we are                              
           unconvinced that there was a significant potential for tax                                 
           avoidance or that, indeed, there was any tax avoidance.  Any                               
           potential overestimates were subject to correction within the                              
           following taxable year and would, on average, involve no more                              
           than 3 or 4 months of excess shrinkage accruals.  We see no                                
           pattern of overaccruals for tax avoidance purposes.                                        




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