- 10 - II. OPINION A. Contentions of the Parties and Background Respondent determined and contends that petitioner must use the accrual method of accounting for its taxable years ending October 31, 1990, 1991, and 1992. Respondent contends that petitioner must use inventories because petitioner's purchase and sale of merchandise is an income-producing factor. Petitioner contends that its inventories are de minimis and contends that it qualifies under section 448(b)(1), which permits farmers to use cash accounting. B. Whether Petitioner's Purchase and Sale of Merchandise Was an Income-Producing Factor Respondent contends that the purchase and sale of merchandise was a substantial income-producing factor for petitioner. We agree. A taxpayer generally must use the accrual method of accounting with regard to purchases and sales if it must use inventories. Sec. 471;2 sec. 1.446-1(c)(2)(i), Income Tax Regs.3 2 Sec. 471 provides in pertinent part: SEC. 471(a). General Rule.--Whenever in the opinion of the Secretary the use of inventories is necessary in order clearly to determine the income of any taxpayer, inventories shall be taken by such taxpayer on such basis as the Secretary may prescribe as conforming as nearly as may be to the best accounting practice in the trade or business and as most clearly reflecting the income. 3 Sec. 1.446-1(c)(2), Income Tax Regs., provides in part: (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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