Consolidated Manufacturing, Inc., M. P. Long Living Trust, Merl Philip Long, Trustee, Tax Matters Person - Page 60

                                        -60-                                          
          Rev. Proc. 79-23, supra, does not provide the only circumstances            
          in which respondent will, in respondent's discretion, terminate a           
          taxpayer's LIFO election.  In any event, one of the four                    
          situations described in Rev. Proc. 79-23, supra, in which                   
          respondent will, in respondent's discretion, terminate such an              
          election is found in section 3.01(b) of that revenue procedure,             
          viz, "Failure by the taxpayer to properly elect the LIFO method".           
          That situation exists in the instant case.  We have held that,              
          contrary to the requirements of section 472 and the regulations             
          thereunder, Consolidated's LIFO election did not apply to an                
          entire good or goods subject to inventory and specified in a Form           
          970.  Consequently, Consolidated failed "to properly elect the              





               22(...continued)                                                       
                    (b) Selection by the taxpayer of a fewer or                       
               greater number of inventory pools than those determined                
               by an examining agent;                                                 
                           *    *    *    *    *    *    *                            
                    (d) The taxpayer improperly including (or                         
               excluding) a specific item in a particular inventory                   
               pool * * *                                                             
          We do not believe that the situation presented here is described            
          in sec. 3.02(b) or (d) of Rev. Proc. 79-23, supra.  Respondent              
          does not take the position that Consolidated selected too few or            
          too many inventory pools, nor does respondent take the position             
          that Consolidated improperly included or excluded a specific item           
          in a particular inventory pool.  Respondent is arguing, inter               
          alia, that, regardless of the different types of pools that a               
          taxpayer may use if such taxpayer elects the dollar-value LIFO              
          inventory 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.                                  




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