37 accordance with established industry practice that has been in effect for decades, respondent's characterization of these costs as capital expenditures would amount to a change in its accounting "methods" contrary to section 446. Section 446(a) permits a taxpayer to compute taxable income "under the method of accounting on the basis of which the taxpayer regularly computes his income in keeping his books." A taxpayer's "method of accounting" includes not only the overall method of accounting, but also the accounting treatment of any item. Sec. 1.446- 1(a)(1), Income Tax Regs. However, section 446(b) provides in effect that if the taxpayer's method does not clearly reflect income, the Secretary may redetermine and recompute the taxable income under a method which, in his opinion, does clearly reflect income.24 Section 446(b) imposes a burden of proof upon petitioner to demonstrate that respondent abused his discretion in changing petitioner's accounting method. Resnik v. Commissioner, 66 T.C. 74, 78 (1976), affd. per curiam 555 F.2d 634 (7th Cir. 1977). Petitioner's burden of proof is heavier than merely proving that the determination of the Commissioner was erroneous. Seligman v. Commissioner, 84 T.C. 191, 199-200 n.9 (1985), affd. 796 F.2d 116 (5th Cir. 1986). In Electric & Neon, Inc. v. Commissioner, 56 T.C. 1324 (1971), affd. without published opinion 496 F.2d 876 (5th Cir. 1974), the taxpayer improperly characterized capital expenditures 24Respondent argues that the adjustments in these cases are based on sec. 263(a), and not on his authority under sec. 446(b).Page: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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