Consolidated Manufacturing, Inc., M. P. Long Living Trust, Merl Philip Long, Trustee, Tax Matters Person - Page 47

                                        -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...)           




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