-47- goods produced by such manufacturer or processor and reflected in the inventory. * * *[13] [Emphasis added.] We also disagree with petitioner's contention that section 1.472-1(c), Income Tax Regs., "provides * * * evidence of the validity of Petitioner's [sic] LIFO election." As discussed above and as made clear by that regulation, a manufacturer or processor may elect to apply the LIFO inventory method to one or more raw materials only, including those included in goods in process and in finished goods. Consolidated could have elected, but did not elect, to apply the raw material content LIFO inventory method to its new parts and/or its customer cores. Sec. 1.472-1(c), Income Tax Regs. It could not have elected to apply that method to its new parts, labor, and overhead only or to its labor and overhead only. Id. We conclude that section 1.472-1(c), Income Tax Regs., does not permit Consolidated's LIFO method and does not provide "evidence of the validity of * * * [Consolidated's] LIFO election."14 13 Under the raw material content LIFO inventory method, "The only adjustment to the closing inventory is the cost of the raw material [for which a taxpayer elects the raw material content LIFO inventory method]; the processing costs and overhead cost are not changed." Sec. 1.472-1(c), Income Tax Regs., Example (1) (last sentence). 14 Although petitioner concedes that it may not be used or cited as precedent, sec. 6110(j)(3), petitioner relies on Tech. Adv. Mem. 94-45-004 (Apr. 25, 1994) in an effort to show that respondent has permitted a taxpayer to account for one or more, but less than all, of its raw materials and all of its labor and overhead under the LIFO inventory method. It is not at all clear from Tech. Adv. Mem. 94-45-004 what, if any, of the labor and (continued...)Page: Previous 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Next
Last modified: May 25, 2011