David K. Straight - Page 18

                                         18                                           
          Eagle's method of accounting for customer deposits clearly                  
          reflects income, was consistently used over time, conforms to its           
          method of keeping internal books and records and preparing                  
          financial reports, complies with Generally Accepted Accounting              
          Principles (GAAP), and qualifies for deferral under section                 
          1.451-5, Income Tax Regs.                                                   
               2.   Background                                                        
               A taxpayer’s right to use a method of accounting is subject            
          to the requirement that the method clearly reflect income.  Sec.            
          446(b).  The Commissioner has broad discretion to determine                 
          whether a taxpayer's method of accounting clearly reflects                  
          income.  RLC Indus. Co. v. Commissioner, 98 T.C. 457, 491 (1992),           
          affd. 58 F.3d 413 (9th Cir. 1995).                                          
               Generally, a taxpayer has the burden of overcoming a                   
          determination by the Commissioner that the taxpayer's method of             
          accounting does not clearly reflect income.  Thor Power Tool Co.            
          v. Commissioner, 439 U.S. 522, 532 (1979); Ferrill v.                       
          Commissioner, 684 F.2d 261, 263 (3d Cir. 1982), affg. per curiam            
          T.C. Memo. 1979-501.  However, as discussed in paragraphs II-B              
          and II-C, below, respondent prevails on the customer deposits               
          issue regardless of which party bears the burden of proof.                  
               We first consider whether petitioner may defer reporting               
          customer deposits if Eagle is not eligible to defer reporting               
          deposits under section 1.451-5, Income Tax Regs.  We will then              






Page:  Previous  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  Next

Last modified: May 25, 2011