- 44 - 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.Page: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Next
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