-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.Page: Previous 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 Next
Last modified: May 25, 2011