James W. and Laura L. Keith - Page 25




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          127.  In any event, petitioners have nowhere contended that the             
          various transactions should be treated differently.                         
               A second basis for potential income deferral, to which                 
          petitioners do make reference on brief as an apparent alternative           
          argument, is the recovery of cost approach.  However, substantive           
          requirements for use of this method aside, we have refused to               
          allow taxpayers to switch to cost recovery accounting without               
          following the established procedures under section 446(e) for               
          requesting such a change from the Commissioner.  See Wang v.                
          Commissioner, supra; see also Witte v. Commissioner, 513 F.2d 391           
          (D.C. Cir. 1975) (holding that section 446(e) requires that                 
          consent be sought even for a change from an improper to a proper            
          accounting method), revg. in part and remanding T.C. Memo. 1972-            
          232.  It is undisputed that petitioners have never filed the                
          requisite Form 3115.  See sec. 1.446-1(e)(3)(i), Income Tax Regs.           
          The Commissioner thus was not obligated to consider this approach           
          in analyzing whether petitioners’ accounting clearly reflected              
          income or in determining a method which did so.                             
               To summarize, respondent determined that gain of an accrual            
          method business must be reported consistently with that method in           
          order to clearly reflect income.  Given the above, we now                   
          conclude that such determination accords with settled law and               
          precedent.  Hence, petitioners have not shown that the proposed             
          change is either clearly unlawful or plainly arbitrary.  We hold            






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