Golden Gate Litho - Page 27

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               basis.  As this case comes to us, * * * [the                           
               taxpayer's] 1953 and 1954 tax returns show two                         
               defects.  The first is that certain alleged credits                    
               for the purchase of metals are not adequately                          
               documented.  The second is the use of an improper                      
               accounting method.  What the Commissioner has done is                  
               to determine deficiencies attributable to the first                    
               defect but to leave the second alone.  We may guess                    
               that this decision was made because it was believed                    
               that the game was not worth the candle:  the                           
               additional deficiencies, if any, which use of the                      
               accrual method might reveal would not warrant the                      
               considerable effort which a redetermination would                      
               require.  Whatever the reason, however, we cannot see                  
               why the decision should be held improper.                              
                         *    *    *    *    *    *    *                              
                    Of course, it is possible that the taxpayer's                     
               accounting system may be so inadequate that the                        
               Commissioner has no choice but to redetermine the                      
               liability on the basis of his own system; * * * But                    
               where the taxpayer does have a rational, though                        
               improper, system, we think that the Commissioner may                   
               choose to let it stand and to pursue only specific                     
               deficiencies within it.  And so long as the                            
               deficiencies which he determines are not themselves                    
               infected by the system's shortcomings, the taxpayer                    
               may not avoid the deficiencies simply by pointing to                   
               the inadequacy of his own accounting system.  [Id. at                  
               204-205; citation omitted.]                                            
               In Keneipp v. United States, 184 F.2d at 268, the court                
          reversed and remanded for further proceedings.  In that case,               
          the court stated:                                                           
               such proceedings need not be elaborate or extensive.                   
               The Bureau of Internal Revenue has many auditors who                   
               can quickly compute the gain properly taxable to                       
               these appellants upon the facts of this case and the                   
               principles we have referred to.                                        








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