Tebarco Mechanical Corporation - Page 9

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               Pursuant to section 471,5 a taxpayer that has inventories is           
          required to use the accrual method of accounting.  An exception             
          to this rule exists, however, where a taxpayer can show that use            
          of another method (here the cash method) would produce a                    
          substantial identity of results and that the Commissioner’s                 
          determination requiring a change is an abuse of discretion.                 
          Ansley-Sheppard-Burgess Co. v. Commissioner, supra at 377; see              
          also Knight-Ridder Newspapers, Inc. v. United States, 743 F.2d at           
          791-793 (11th Cir. 1984).                                                   
               By regulation, the Secretary has determined that inventories           
          are necessary if the production, purchase, or sale of merchandise           
          is an income-producing factor.  Sec. 1.471-1, Income Tax Regs.              
          Completing the statutory and regulatory scheme, section 1.446-              
          1(c)(2)(i), Income Tax Regs., provides that a taxpayer that has             
          inventory must also use the accrual method of accounting with               
          regard to purchases and sales.                                              
               Although not specifically defined in the Internal Revenue              
          Code or regulations, courts have found that the term                        
          "merchandise", as used in section 1.471-1, Income Tax Regs., is             


          5    Sec. 471 provides in pertinent part:                                   
                    SEC. 471(a). General Rule.--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.                                    




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