-29- (2) Inventory them at cost; and (3) Treat those included in the opening inventory of the taxable year in which such method is first used as having been acquired at the same time and determine their cost by the average cost method. Sections 446 and 471 and the regulations thereunder vest the Commissioner of Internal Revenue (Commissioner) with wide discretion in determining whether a method of inventory accounting should be disallowed because it does not clearly reflect income. Thor Power Tool Co. v. Commissioner, 439 U.S. 522, 532-533 (1979); Hamilton Indus., Inc. v. Commissioner, 97 T.C. 120, 128 (1991). The Commissioner's interpretation of the clear-reflection standard under sections 446 and 471 may not be disturbed unless it is clearly unlawful or plainly arbitrary. Thor Power Tool Co. v. Commissioner, supra; Hamilton Indus., Inc. v. Commissioner, supra at 129. The Commissioner's discretion under sections 446 and 471 is not unbridled, however. Thor Power Tool Co. v. Commissioner, supra at 533; Hamilton Indus., Inc. v. Commissioner, supra at 128. We must decide whether respondent abused respondent's discretion in determining (1)(a) that Consolidated's LIFO method for 1990 and 1991 does not clearly reflect income because that method pertained only to new parts, labor, and overhead, and not also to customer cores, and (b) that therefore Consolidated's election to use that method should be terminated and (2) that Consolidated's FIFO-LCM method for thePage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
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