- 33 - appropriate, provided that respondent makes the necessary determinations. Compare J.P. Sheahan Associates, Inc. v. Commissioner, T.C. Memo. 1992-239, with Thompson Elec., Inc. v. Commissioner, T.C. Memo. 1995-292, which present different findings of fact regarding yearend materials and supplies. As Gertzman states at 6-30: The rationale behind this provision [the sec. 162- 3 regulation] seems clear. Many taxpayers do not maintain financial accounting records of consumption and do not take physical inventories of the supplies on hand at the beginning and end of the year for business purposes. In these cases, it would be inconsistent with the book conformity requirement of Section 446(a), impractical, and unduly burdensome to require that they undertake such record-keeping responsibilities or make such physical counts solely for tax purposes. However, to protect the Treasury against taxpayers who might avoid undertaking these activities solely for the purpose of obtaining a tax benefit, two protections are afforded. First, the supplies must be incidental and, second, the taxable income so computed must be reflected clearly * * * [citation omitted.] The regulation appears to be not much more than an illustration of the rule that expenditures that result in assets having a life beyond the end of the year must be capitalized. See sec. 263; INDOPCO, Inc. v. Commissioner, 503 U.S. 79 (1992). Without attempting to predict the outcome of a hypothetical, see Gulf Oil Corp. v. Commissioner, 89 T.C. 1010, 1044 (1987) (Chabot, J., concurring), affd. on other grounds 914 F.2d 396 (3d Cir. 1990), it suffices to note that the section 162 regulation authorizes the Commissioner in appropriate cases to treat supplies on hand at yearend as deferred expenses.Page: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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