Tebarco Mechanical Corporation - Page 25

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               The same result obtains if we examine the differences in               
          gross receipts computed under the accrual method and the cash               
          method.  For fiscal year 1990 petitioner's gross receipts under             
          the cash method of accounting were $2,115,291.  Petitioner's                
          gross receipts under the accrual method of accounting would be              
          $2,465,060.  Thus, petitioner's gross receipts under the accrual            
          method increased by $349,769.  Petitioner's use of the cash                 
          method does not produce results that are substantially identical            
          to the computation of either taxable income or gross receipts               
          under the accrual method.  Thus, we hold that respondent did not            
          commit an abuse of discretion in precluding petitioner from                 
          continuing to use the cash method of accounting for income tax              
          reporting purposes.9                                                        



          9    Petitioner, in reliance on Knight-Ridder Newspapers, Inc. v.           
          United States, 743 F.2d 781 (11th Cir. 1984), asserts that it is            
          not required to use the accrual method, because it does not                 
          maintain inventory at its warehouse.  In Knight-Ridder, the Court           
          of Appeals for the Eleventh Circuit stated that "if either the              
          absolute level of the inventory account or its fluctuation during           
          the year would be substantial, then the taxpayer must use                   
          inventories if it meets the other requirements of sec. 1.471-1,             
          [Income Tax Regs]." Id. at 791  In addition to the $701,320 cost            
          of petitioner's material purchases during the year in issue,                
          petitioner maintained a warehouse with materials valued somewhere           
          between $10,000 to $20,000.  We find that such inventory is                 
          substantial in comparison to petitioner's reported taxable income           
          of $54,128.  We note, that petitioner's books and records were              
          insufficient to establish whether there was a substantial                   
          fluctuation in its inventory account during the year in issue,              
          however, because we have found that petitioner maintains                    
          substantial inventory at its warehouse we need not address the              
          fluctuation issue.                                                          




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