Consolidated Manufacturing, Inc., M. P. Long Living Trust, Merl Philip Long, Trustee, Tax Matters Person - Page 50

                                        -50-                                          
               As further support for respondent’s position that                      
          Consolidated’s LIFO method contravenes the requirements of                  
          section 472 and the regulations thereunder, respondent directs              
          our attention to section 1.472-8, Income Tax Regs., the                     
          regulations under section 472 relating to the dollar-value LIFO             
          inventory method.  According to respondent, Consolidated’s LIFO             
          method contravenes those regulations.16  We agree.  Regardless of           
          the different types of pools that a taxpayer may use if such                
          taxpayer elects the dollar-value LIFO inventory method (e.g.,               
          natural business unit pools, multiple pools, or pools established           
          under the IPI computation method), that method must be used with            
          respect to a good or goods subject to inventory and specified in            
          a Form 970 and with respect to such entire good or goods.  See              
          sec. 1.472-8(b), (e), Income Tax Regs.                                      




               16  Petitioner argues that respondent's contention that                
          Consolidated’s LIFO method contravenes the dollar-value LIFO                
          inventory method regulations under sec. 472 is a new matter in              
          respect of which the burden of proof is on respondent under Rule            
          142(a).  We disagree.  The determinations in the 1990 notice and            
          the 1991 notice are stated quite broadly, and we construe them to           
          encompass respondent’s contentions relating to Consolidated’s               
          dollar-value LIFO inventory method.  Respondent determined in the           
          1990 notice: "Since you did not include the cost of yard cores in           
          the LIFO calculation of inventory for taxable year 1990 as                  
          required in accordance with your LIFO election, taxable income is           
          increased by the amount of your LIFO reserve".  An identical                
          determination for 1991 appears in the 1991 notice.  Even if we              
          were not to address respondent's argument under the regulations             
          relating to the dollar-value LIFO inventory method because it is            
          a new matter, our holding regarding Consolidated's LIFO method              
          would not change.                                                           




Page:  Previous  40  41  42  43  44  45  46  47  48  49  50  51  52  53  54  55  56  57  58  59  Next

Last modified: May 25, 2011