- 9 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011