Mountain State Ford Truck Sales, Inc., E.P. O'Meara, Tax Matters Person - Page 33




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          method to qualify under section 1.472-8(e)(2)(ii)(d), Income Tax            
          Regs., as any other proper method which clearly reflects income,            
          the method must, as required by section 472(b)(2), determine the            
          current-year cost of items making up a pool on the basis of, or             
          by reference to, actual cost (or in certain instances a reason-             
          able approximation of such cost).  Assuming arguendo that Moun-             
          tain State Ford had elected to use any other proper method under            
          section 1.472-8(e)(2)(ii)(d), Income Tax Regs., in the Form 970             
          that it filed with its 1980 return, which we have found it did              
          not, petitioner has not persuaded us that the method which                  
          Mountain State Ford used to determine that current-year cost,               
          which was based on replacement cost and not actual cost, is a               
          proper method that clearly reflects income under that regula-               
          tion.15                                                                     
               In further support of his position that Mountain State                 
          Ford's method of using replacement cost, and not actual cost, in            

               14(...continued)                                                       
          aggregate actual cost of such goods (i.e., by dividing such                 
          actual cost by the number of units on hand).  Sec. 1.472-2(c),              
          Income Tax Regs.  The aggregate actual cost is to be determined             
          pursuant to the inventory method used by the taxpayer under the             
          regulations applicable to the taxable year preceding the taxable            
          year for which the election of the LIFO method is made, with the            
          exception that restoration is to be made with respect to any                
          write-down to market values resulting from the pricing of former            
          inventories.  Id.                                                           
               15  In using replacement cost to determine current-year cost           
          under sec. 1.472-8(e)(2)(ii), Income Tax Regs., Mountain State              
          Ford was not attempting to, and did not, determine or approximate           
          the actual cost (i.e., the invoice prices) of the parts that it             
          purchased.  It would have been sheer happenstance if the replace-           
          ment cost that Mountain State Ford used equaled or reasonably               
          approximated such actual cost.                                              

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