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