- 19 - of accounting, particularly the LCM method, to real property. Inventory methods generally require the taxpayer to arrive at an annual ending inventory value, which means that an inventory of land would have to be valued frequently. Given the expense and imprecision of land appraisals, inventory methods of accounting would be unwieldy for real property. Also, unless each piece of property is revalued every year, there will always be the potential for the taxpayer to exercise adverse selection in reappraising parcels of loss property and to write them down only when he needs a loss to offset taxable income. Mary Catherine’s use of an inventory method of accounting, including the LCM method of valuing ending inventory, is improper. Petitioner did not present expert opinion testimony that current financial accounting standards allow real property to be inventoried. But as the Court of Appeals for the Ninth Circuit explained in Homes by Ayres v. Commissioner, supra, such expert opinion would not carry the day because tax and business accounting can diverge and the Commissioner has discretion in this area: “The Commissioner has broad discretion over accounting techniques and, as a matter of law, real estate cannot be inventoried until * * * [the Commissioner] changes his position or Congress changes the law.” Homes by Ayres v. Commissioner, 795 F.2d at 836. Moreover, as the Court of Appeals observed, the conclusion that real property is not “merchandise”Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011