Golden Gate Litho - Page 25

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          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. * * *                                                   







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