- 26 - We hold it was an abuse of respondent's discretion to require petitioner to change from the cash method to respondent's improper and inaccurate method. C. For the Taxable Year at Issue, Petitioner Is Not Required To Change From the Cash Method of Accounting Courts have recognized that the regulations do not impose an absolute prohibition of the use of the cash method upon a taxpayer who is required to maintain inventories. Cf. Asphalt Prods. Co. v. Commissioner, 796 F.2d at 849 (an insignificant increase in inventories may be grounds for finding an abuse of discretion by the Commissioner); Estate of Sperling v. Commissioner, 341 F.2d 201, 204 (2d Cir. 1965), affg. T.C. Memo. 1963-260 (courts will not require the Commissioner to place a taxpayer on the accrual method); Drazen v. Commissioner, 34 T.C. 1070, 1079 (1960) (where inventories are so small as to be of no consequence or consist primarily of labor, the presence of inventories is not necessarily sufficient to require a change in the taxpayer's method of accounting). In Estate of Sperling v. Commissioner, supra, the taxpayer argued that it was required to account for inventories and, therefore, the Commissioner should have used the accrual method in determining the tax deficiency. The court stated: It is difficult to find any basis in reason for thus placing the burden on the Commissioner to place the taxpayer's tax returns on a different accountingPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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