Wal-Mart Stores, Inc. and Subsidiaries - Page 22

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          Commissioner, 439 U.S. 522, 531-532 (1979); Dayton Hudson Corp. &           
          Subs. v. Commissioner, supra; sec. 1.471-2(a)(1) and (2), Income            
          Tax Regs.  We analyze these prongs seriatim, and we set forth our           
          analysis below.  Before doing so, however, we pause to summarize            
          the qualifications of the experts.                                          
                During the cases in chief, petitioners called two                     
          witnesses whom the Court recognized as experts, and respondent              
          called three.  We are given broad discretion to evaluate the                
          cogency of each expert's analysis and to weigh it accordingly.              
          See Trans City Life Ins. Co. v. Commissioner, 106 T.C. 274, 301             
          (1996).  We must evaluate and weigh each expert's opinion in                

               8(...continued)                                                        
               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.                                    
          The Commissioner has prescribed rules under sec. 471(a) for                 
          taxpayers like petitioners that employ a perpetual inventory                
          system.  In pertinent part, sec. 1.471-2(d), Income Tax Regs.,              
          provides:                                                                   
               Where the taxpayer maintains book inventories in                       
               accordance with a sound accounting system in which the                 
               respective inventory accounts are charged with the                     
               actual cost of the goods purchased or produced and                     
               credited with the value of goods used, transferred, or                 
               sold, calculated upon the basis of the actual cost of                  
               the goods acquired during the taxable year (including                  
               the inventory at the beginning of the year), the net                   
               value as shown by such inventory accounts will be                      
               deemed to be the cost of the goods on hand.  The                       
               balances shown by such book inventories should be                      
               verified by physical inventories at reasonable                         
               intervals and adjusted to conform therewith.                           



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