PNC Bancorp, Inc. Successor to First National Pennsylvania Corporation, et al. - Page 37

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          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).           


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