- 33 - 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.Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
Last modified: May 25, 2011