Mountain State Ford Truck Sales, Inc., E.P. O'Meara, Tax Matters Person - Page 27




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          permitted all taxpayers to elect that method, Revenue Act of                
          1939, ch. 247, sec. 219, 53 Stat. 877.  In requiring that goods             
          for which a taxpayer adopted the LIFO method be inventoried at              
          cost, Congress presumptively was aware of the established regula-           
          tory definition of the term "cost" in inventory tax accounting.             
          If Congress had intended for the term "cost" in LIFO inventory              
          tax accounting to have a meaning different from that regulatory             
          definition, it would have so stated.  It did not do so when it              


               11(...continued)                                                       
               charges incurred in acquiring possession of the goods.                 
                    (3) In the case of merchandise produced by the                    
               taxpayer since the beginning of the taxable year,                      
               (a) the cost of raw materials and supplies entering                    
               into or consumed in connection with the product,                       
               (b) expenditures for direct labor, (c) indirect ex-                    
               penses incident to and necessary for the production of                 
               the particular article, including in such indirect                     
               expenses a reasonable proportion of management ex-                     
               penses, but not including any cost of selling or return                
               on capital, whether by way of interest or profit.                      
                    (4) In any industry in which the usual rules for                  
               computation of cost of production are inapplicable,                    
               costs may be approximated upon such basis as may be                    
               reasonable and in conformity with established trade                    
               practice in the particular industry.  Among such cases                 
               are (a) farmers and raisers of live stock (see article                 
               22(c)-6), (b) miners and manufacturers who by a single                 
               process or uniform series of processes derive a product                
               of two or more kinds, sizes, or grades, the unit cost                  
               of which is substantially alike (see article 22(c)-7),                 
               and (c) retail merchants who use what is known as the                  
               "retail method" in ascertaining approximate cost (see                  
               article 22(c)-8).                                                      
          The definition of the term "cost" in Regs. 94, art. 22(c)-3                 
          (1936), is virtually identical to the definition of that term in            
          sec. 1.471-3, Income Tax Regs.                                              



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