- 6 - therefore the accrual method of accounting, because petitioner derives a substantial portion of its income from the sale of merchandise, maintains work-in-process at yearend, maintains a physical inventory at its business premises, and uses the accrual method of accounting for its books and records. Petitioner asserts that it has no inventory, because it never takes title in, or physical possession of, the materials it acquires for its jobs, and thus is not required to adopt an inventory method of accounting. Petitioner further argues that even if we find that it does take title in the materials acquired, it does not have to adopt an inventory method of accounting because the sale of merchandise is not an income- producing factor in its business. Finally, in reliance on Knight-Ridder Newspapers, Inc. v. United States, 743 F.2d 781 (11th Cir. 1984), petitioner contends that even if the sale of merchandise is an income-producing factor, section 1.471-1, Income Tax Regs., does not apply because there are no substantial fluctuations in petitioner's inventory, nor does petitioner maintain a substantial amount of inventory at its warehouse. The principal issue for decision is whether it was an abuse of respondent's discretion to require petitioner to change from the cash method, which petitioner uses for income tax reporting purposes, to an accrual method. Subsumed in this issue is the question of whether petitioner should be required to usePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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