Consolidated Manufacturing, Inc., M. P. Long Living Trust, Merl Philip Long, Trustee, Tax Matters Person - Page 58

                                        -58-                                          
               We conclude that petitioner has not shown that respondent              
          abused respondent’s discretion in determining that Consolidated's           
          LIFO method is contrary to the requirements of section 472 and              
          the regulations thereunder and that therefore that method does              
          not clearly reflect income.                                                 
               We shall next address the parties' dispute over whether                
          respondent abused respondent's discretion in terminating                    
          Consolidated's election to use Consolidated's LIFO method because           
          that method does not clearly reflect income.  Petitioner contends           
          that in the event that the Court were to find that Consolidated's           
          LIFO method does not clearly reflect income, respondent would not           
          be permitted to terminate Consolidated's election to use that               
          method provided that Consolidated agrees to account for its                 
          customer cores under the LIFO inventory method and to make any              
          necessary adjustments resulting therefrom.20  Petitioner asserts:           


               20  In conceding that Consolidated would have to make "any             
          necessary adjustments", we believe that petitioner is                       
          acknowledging that Consolidated would be required to produce the            
          books and records needed to make such adjustments.  However,                
          petitioner did not produce at trial any of Consolidated's books             
          and records that would be required to make "any necessary                   
          adjustments".  Instead, without even indicating on brief whether            
          or not Consolidated has the books and records to make "any                  
          necessary adjustments", petitioner takes the position that                  
          respondent must establish that Consolidated does not have such              
          books and records because whether or not it does is a new matter            
          on which respondent has the burden of proof.  We disagree.  It is           
          petitioner who is claiming that Consolidated should be permitted            
          to modify its LIFO election to include customer cores provided              
          that, inter alia, Consolidated establishes that it can, and does,           
          make "any necessary adjustments".  Petitioner has failed to                 
          establish its ability to make such adjustments.                             




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