- 15 - further contends that, prior to 1989, Mary Catherine had not been using an inventory method, and that when Mary Catherine wrote down the Ridge as of yearend 1989, it was adopting a new method of accounting without first securing the consent of the Secretary. Because we hold that LCM is not a permissible method of accounting for Mary Catherine, we do not reach the question of whether Mary Catherine tried to change an accounting method without the consent of the Secretary.7 Section 471(a) provides: Whenever in the opinion of the Secretary the use of inventories is necessary in order clearly to determine the income of any taxpayer, inventories shall be taken by such taxpayer on such basis as the Secretary may prescribe as conforming as nearly as may be to the best accounting practice in the trade or business and as most clearly reflecting the income. The Secretary has determined that “inventories at the beginning and end of each taxable year are necessary in every case in which the * * * sale of merchandise is an income-producing factor.” Sec. 1.471-1, Income Tax Regs. The term “merchandise” is not 7 Mary Catherine has nominally been using an inventory method since at least 1987 in that it has checked a box on each income tax return indicating that it is using the LCM method of determining ending inventory. However, petitioner testified at trial that Mary Catherine carefully capitalized the costs of development and determined an adjusted basis of each lot sold. While this is consistent with a specific identity inventory method, it is also consistent with proper capitalization of costs for determination of gain under sec. 1001. We have previously rejected taxpayers’ contentions that capitalization of land and building costs is an inventory method. See, e.g., W.C. & A.N. Miller Dev. Co. v. Commissioner, 81 T.C. 619, 631 (1983).Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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