Mountain State Ford Truck Sales, Inc., E.P. O'Meara, Tax Matters Person - Page 23




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          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.                                             

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