- 23 - According to petitioner, respondent's interpretation of the term "cost" in section 472(b)(2) as meaning actual cost is wrong, and Mountain State Ford's method of using replacement cost qualifies as any other proper method under section 1.472-8(e)(2)(ii)(d), Income Tax Regs., which does not require the use of actual cost. To support his argument that respondent's position about the meaning of the term "cost" in section 472(b)(2) and the regula- tion thereunder is wrong, petitioner asserts: With regard to the "cost" requirement in section 472(b)(2), the petitioner submits that an examination of the statute and regulations, as well as the histori- cal development surrounding the LIFO method, makes clear that the cost requirement in section 472(b)(2) is simply the expression of the rule that the lower of cost or market method may not be used in conjunction with the LIFO method. Accordingly, the respondent is attempting to extend the cost requirement in section 472(b)(2) far beyond its intended scope. * * * * * * * * * * The use of replacement costs * * * under the dollar-value LIFO method does not in any way represent a use of lower of cost or market and, accordingly, does not violate the cost requirement of section 472. Even assuming arguendo that petitioner were correct in his contention about the reason why Congress required that goods for which a taxpayer elected the LIFO method be inventoried at cost,7 that contention does not address the meaning of the term "cost" 7 It is noteworthy that the replacement cost as of the date of Mountain State Ford's physical inventory, which it used in determining the LIFO value of its dollar-value parts pool, is analogous to "market" in inventory tax accounting. See Thor Power Tool Co. v. Commissioner, 439 U.S. 522, 534 (1979); sec. 1.471-4(a)(1), Income Tax Regs.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011