Consolidated Manufacturing, Inc., M. P. Long Living Trust, Merl Philip Long, Trustee, Tax Matters Person - Page 62

                                        -62-                                          
          quently, section 1.472-3(c), Income Tax Regs., is not apposite              
          here.                                                                       
               The pertinent authority governing disposition of the issue             
          regarding respondent's termination of Consolidated's LIFO                   
          election is section 446(b) and section 1.472-3(d), Income Tax               
          Regs.  Section 446(b) provides:                                             
                    (b) Exceptions.--If no method of accounting has                   
               been regularly used by the taxpayer, or if the method                  
               used does not clearly reflect income, the computation                  
               of taxable income shall be made under such method as,                  
               in the opinion of the Secretary, does clearly reflect                  
               income.                                                                
          The foregoing section permits respondent to terminate a                     
          taxpayer's method of accounting that does not clearly reflect               
          income (here, Consolidated's LIFO method) and to require the                
          taxpayer to use a method (here, the FIFO inventory method) that             
          does clearly reflect income.                                                
               Section 1.472-3(d), Income Tax Regs., provides:                        
                    (d) Whether or not the taxpayer's application for                 
               the adoption and use of the LIFO inventory method                      
               should be approved, and whether or not such method,                    
               once adopted may be continued, and the propriety of all                
               computations incidental to the use of such method, will                
               be determined by the Commissioner in connection with                   
               the examination of the taxpayer's income tax returns.                  

          Under the foregoing regulation, it is within respondent's                   
          discretion to determine whether or not a "taxpayer's application            
          for the adoption and use of the LIFO inventory method should be             
          approved * * * and * * * continued".                                        






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