-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