FPL Group, Inc. - Page 33




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          In Barber v. Commissioner, 64 T.C. 314 (1975), we identified the            
          following policy reasons served by section 446(e): “(1) To                  
          protect against the loss of revenues; (2) to prevent                        
          administrative burdens and inconvenience in administering the tax           
          laws; and (3) to promote consistent accounting practice thereby             
          securing uniformity in collection of the revenue.”  Id. at 319-             
          320 (citations omitted).  A comprehensive discussion and analysis           
          of the policy rationale of section 446(e) is found in Diebold,              
          Inc. v. United States, 16 Cl. Ct. 193, 208-209 (1989):                      
               a central policy underlying the consent requirement is                 
               that the Commissioner should have an opportunity to                    
               review consent requests in advance.  With advance                      
               notice, the Commissioner has leverage to protect the                   
               fisc, to avoid burdensome administrative uncertainties,                
               and to promote accounting uniformity.  If taxpayers                    
               generally were permitted to change accounting methods                  
               unilaterally, the Commissioner would face the enormous                 
               administrative burden of detecting changes and                         
               reviewing the propriety of each switch without ready                   
               leverage to protect the fisc or promote uniformity.                    
                    In the absence of * * * [section 446(e)], a                       
               taxpayer could adopt a method of accounting and after                  
               several years unilaterally switch to an alternative                    
               method which hindsight suggests would have been more                   
               financially beneficial.  Thus, the Commissioner’s                      
               ability to protect the fisc and prevent unnecessary                    
               variations in accounting procedures would be                           
               substantially reduced.  In order to avoid missing                      
               taxable income, the IRS would be required to multiply                  
               its detection and examination efforts to prevent abuse                 
               of unconsented retroactive changes.  The administrative                
               advantages of advance notice are thus integrally linked                
               to the purposes of protecting the fisc and promoting                   
               accounting uniformity.                                                 


               11(...continued)                                                       
          and Lord v. United States, supra).                                          




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