Mountain State Ford Truck Sales, Inc., E.P. O'Meara, Tax Matters Person - Page 28




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          first enacted the LIFO provisions or at any other time thereaf-             
          ter.  We hold that the definition of the term "cost" in section             
          1.471-3, Income Tax Regs., which is intended to arrive at actual            
          cost, applies to the term "cost" in section 472(b)(2) and the               
          regulation thereunder.12  See Commissioner v. Keystone Consol.              
          Indus., Inc., 508 U.S. 152, 158-159 (1993).                                 



               12  Our holding as to the meaning of the term "cost" in sec.           
          472(b)(2) and the regulation thereunder disposes of petitioner's            
          contention that "respondent may not interpret the rules and                 
          regulations in a way that will impose unreasonable administrative           
          burdens on taxpayers attempting to use the LIFO method or in a              
          way that will diminish or eliminate the availability of the LIFO            
          method to a significant group of taxpayers".  Respondent has no             
          discretion to deviate from the requirements of the Code and the             
          regulations even if such requirements were to impose administra-            
          tive burdens on Mountain State Ford.  On the record before us,              
          however, we find that petitioner has not established that respon-           
          dent's position in the present case that the term "cost" in sec.            
          472(b)(2) means actual cost would result in the imposition of               
          unreasonable administrative burdens on Mountain State Ford.                 
          Petitioner acknowledges that it is not impossible for Mountain              
          State Ford to use actual cost, and not replacement cost, in                 
          valuing its parts inventory.  In fact, Mr. Hommer, petitioner's             
          expert on computerized inventory-tracking systems, admitted that            
          the reason why there is no inventory recordkeeping system cur-              
          rently available in the automobile and truck dealer industry that           
          uses actual cost in that valuation process is because there has             
          been no demand for such a system in that industry.  Moreover,               
          when Mountain State Ford adopted the LIFO method, Mountain State            
          Ford made no attempt to determine whether it could have modified            
          its perpetual inventory recordkeeping system so that it could               
          have used invoice prices, i.e., actual cost, in valuing its parts           
          inventory.  Nor did it determine whether it could have created a            
          new inventory recordkeeping system that could have used invoice             
          prices or actual cost in that valuation process.  In fact, when             
          questioned by this Court as to why Mountain State Ford continued            
          to use replacement cost, and did not use invoice prices or actual           
          cost after it elected the LIFO method as of 1980, Eugene Peter              
          O'Meara, Jr., testified that replacement cost had been utilized             
          by Mountain State Ford previously and that Mountain State Ford              
          did not consider using other than replacement cost when it                  
          elected the LIFO method.                                                    

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