RACMP Enterprises, Inc. - Page 13




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          to the accrual method.2  The Commissioner is granted broad                  
          discretion in determining whether a taxpayer’s use of a method of           
          accounting clearly reflects income.  See sec. 446(b); United                
          States v. Catto, 384 U.S. 102, 114 & n.22 (1967); Commissioner v.           
          Hansen, 360 U.S. 446, 468 & n.12 (1959); Lucas v. American Code             
          Co., 280 U.S. 445, 449 (1930).  A prerequisite to the                       
          Commissioner’s exercise of authority to require a taxpayer to               
          change its present method of accounting is a determination that             
          the method used by the taxpayer does not clearly reflect income.            
          See sec. 446(b); Hallmark Cards, Inc. v. Commissioner, 90 T.C.              
          26, 31 (1988).                                                              
               Whether an abuse of discretion has occurred depends upon               



               2Sec. 446 provides in pertinent part:                                  
               SEC. 446.  GENERAL RULE FOR METHODS OF ACCOUNTING                      
               (a) General Rule.--Taxable income shall be computed under              
          the method of accounting on the basis of which the taxpayer                 
          regularly computes his income in keeping his books.                         
               (b) Exceptions.–-If no method of accounting has been                   
          regularly used by the taxpayer, or if the method used does not              
          clearly reflect income, the computation of taxable income shall             
          be made under such method as, in the opinion of the Secretary,              
          does clearly reflect income.                                                
               (c) Permissible Methods.–-Subject to the provisions of                 
          subsections (a) and (b), a taxpayer may compute taxable income              
          under any of the following methods of accounting--                          
                    (1) the cash receipts and disbursements method;                   
                    (2) an accrual method;                                            
                    (3) any other method permitted by this chapter; or                
                    (4) any combination of the foregoing methods permitted            
               under regulations prescribed by the Secretary.                         





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