- 25 - accounting method from an incorrect method to another incorrect method. Harden v. Commissioner, supra; Prabel v. Commissioner, supra at 1112; see also Dayton Hudson Corp. & Subs. v. Commissioner, T.C. Memo. 1997-260. The Commissioner's authority is limited to substituting a method that will clearly reflect the taxpayer's income. Harden v. Commissioner, supra at 421. The Commissioner is required to use reasonable accounting methods. Helvering v. Taylor, 293 U.S. 507 (1935); Rubin v. Commissioner, T.C. Memo. 1954-213. The taxpayer has the burden of showing that the method selected by the Commissioner is incorrect, and that burden is extremely difficult to carry. Hamilton Indus., Inc. v. Commissioner, 97 T.C. 120 (1991); Photo-Sonics, Inc. v. Commissioner, 42 T.C. 926, 933 (1964), affd. 357 F.2d 656 (9th Cir. 1966). In this case, petitioner has carried its burden because the facts clearly show that the method selected by the Commissioner is arbitrary, capricious, and without sound basis in fact or law. In Loftin & Woodard, Inc. v. United States, 577 F.2d 1206, 1229 (5th Cir. 1978), the court stated: While abuse of this discretion by the Commissioner must be proven by a clear showing, Wood v. Commissioner of Internal Revenue, 245 F.2d 888 (5th Cir. 1957), it would seem that such a showing could be predicated upon a decision to use an accounting method that is inaccurate under the circumstances. * * *Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011