John H. Miner and Holly K. Miner - Page 18




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          B.T. Babbitt, Inc. v. Commissioner, 32 B.T.A. 693, 696 (1935);              
          Fletcher v. Commissioner, T.C. Memo. 1965-273.                              
               3.   Conclusion                                                        
               We conclude that petitioner may not amortize any of Cost               
          Less' $175,000 payment for Jasiak's oral promise not to compete             
          because petitioner and Jasiak did not intend to allocate any of             
          the payment to the promise, and petitioner has not proven that              
          Jasiak's promise had value.                                                 
          B.   Inventory Adjustment                                                   
               Petitioners contend that Cost Less may reduce its ending               
          inventory by $10,000 for each year in issue because, according to           
          petitioners' estimate, Cost Less' inventory software overstated             
          its ending inventory by that amount.                                        
               We have long held that a taxpayer may adjust inventories to            
          correctly reflect income.  Elm City Nursery Co. v. Commissioner,            
          6 B.T.A. 89 (1927); Baumann Rubber Co. v. Commissioner, 4 B.T.A.            
          671 (1926).  Petitioners do not explain how they computed the               
          $10,000 amount.  Petitioners appear to defend the $10,000 amount            
          because the consumer price index (CPI) increased .185 percent on            
          all items from January 1, 1988, to December 31, 1991.                       
          However, they did not show (1) how many of the 75,000 parts had             
          price increases in any year; (2) how many parts remained in                 
          inventory at the end of the year for which the computer program             
          increased costs; (3) the amount of price increases; (4) what                






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