Golden Gate Litho - Page 26

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               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 accounting                   




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