Wal-Mart Stores, Inc. and Subsidiaries - Page 32

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          (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.           




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