Jim Turin & Sons, Inc. - Page 2

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          are to the Tax Court Rules of Practice and Procedure, unless                
          otherwise indicated.                                                        
               After a concession,1 the issue for decision is:  Whether               
          respondent's determination that petitioner must change from the             
          cash method of accounting to the accrual method of accounting was           
          an abuse of discretion.  We hold it was.                                    
               Some of the facts have been stipulated and are so found.               
          The stipulated facts and the accompanying exhibits are                      
          incorporated herein by this reference.  At the time the petition            
          in this case was filed, petitioner's principal place of business            
          was located in Sandy, Oregon.                                               
                                  FINDINGS OF FACT                                    
               Petitioner is a corporation engaged in the business of                 
          providing asphalt paving services.  A sister corporation, Mt.               
          Hood Asphalt (Mt. Hood), manufactures asphalt.  On an as-needed             
          basis, petitioner purchases asphalt from Mt. Hood at                        
          approximately $19 per ton.  Mt. Hood also sells asphalt to its              
          other customers at approximately $23 per ton.                               
               When bidding on a contract or job, petitioner prices the               
          asphalt at cost.  Since petitioner can generally purchase asphalt           
          at a lower cost, it has a competitive advantage over other paving           

               1    Respondent concedes a repairs expense adjustment for              
          1991 of $18,800 and related adjustments for depreciation expenses           
          for 1991, 1992, and 1993.  In light of this concession, and                 
          previously agreed adjustments set forth in the statutory notice             
          of deficiency, a Rule 155 computation is necessary.                         




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