-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.Page: Previous 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 Next
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