- 32 - (1980), affd. 689 F.2d 1 (1st Cir. 1982). Likewise, we have allowed the use of an accounting method that was challenged by the Commissioner, when the taxpayer's method clearly reflected income and the Commissioner's method did not. See Rotolo v. Commissioner, 88 T.C. 1500, 1514 (1987). We also have allowed the consistent application of accounting methods that were authorized by the Code or the underlying regulations. See RLC Indus. Co. & Subs. v. Commissioner, 98 T.C. 457, 491-492 (1992), affd. 58 F.3d 413 (9th Cir. 1995). When a taxpayer challenges the Commissioner's authority under section 446(b), we inquire whether the accounting method in issue clearly reflects income. The answer to this question does not hinge on whether the taxpayer's method is superior to the Commissioner's method, or vice versa. Id. at 492; see also Brown v. Helvering, supra at 204-205. Instead, the answer must be found by analyzing the unique facts and circumstances of the case. Ansley-Sheppard-Burgess Co. v. Commissioner, supra; Peninsula Steel Prods. & Equip. Co. v. Commissioner, 78 T.C. 1029, 1045 (1982). Although it is not dispositive of our analysis, we believe that a critical fact to consider is whether the taxpayer is consistently utilizing a recognized method of accounting that comports with GAAP, and that is prevalent in the industry. See Wilkinson-Beane, Inc. v. Commissioner, 420 F.2d 352, 354 (1st Cir. 1970), affg. T.C. Memo. 1969-79; RLC Indus. Co. & Subs.Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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