-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".Page: Previous 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 Next
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