RACMP Enterprises, Inc. - Page 14




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          whether the Commissioner’s determination is without sound basis             
          in fact or law.  See Ansley-Sheppard-Burgess Co. v. Commissioner,           
          104 T.C. 367, 371 (1995); Ford Motor Co. v. Commissioner, 102               
          T.C. 87, 91-92 (1994), affd. 71 F.3d 209 (6th Cir. 1995).  The              
          reviewing court’s task is not to determine whether, in its own              
          opinion, the taxpayer’s method of accounting clearly reflects               
          income but to determine whether there is an adequate basis in law           
          for the Commissioner’s conclusion that it does not.  See Ansley-            
          Sheppard-Burgess Co. v. Commissioner, supra at 371; Hospital                
          Corp. of Am. v. Commissioner, T.C. Memo. 1996-105.  Consequently,           
          section 446 imposes a heavy burden on the taxpayer disputing the            
          Commissioner’s determination on accounting matters.  See Thor               
          Power Tool Co. v. Commissioner, 439 U.S. 522, 532-533 (1979).  To           
          prevail, a taxpayer must establish that the Commissioner’s                  
          determination was "clearly unlawful" or "plainly arbitrary".  Id.           
               Despite the broad language of section 471,3 the Secretary's            
          discretion to require inventory accounting is not unlimited.  See           
          Hewlett-Packard Co. v. United States, 71 F.3d 398, 403 (Fed. Cir.           
          1995); Hallmark Cards, Inc. v. Commissioner, supra; see also                


               3Sec. 471(a) provides:                                                 
          SEC. 471(a). General rule.--Whenever in the opinion of the                  
          Secretary the use of inventories is necessary in order clearly to           
          determine the income of any taxpayer, inventories shall be taken            
          by such taxpayer on such basis as the Secretary may prescribe as            
          conforming as nearly as may be to the best accounting practice in           
          the trade or business and as most clearly reflecting the income.            






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