RACMP Enterprises, Inc. - Page 39




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          income.  However, in his answer and on brief respondent argues              
          only that this is so because petitioner sells merchandise that              
          must be inventoried.  We have held that petitioner does not sell            
          merchandise.  Consequently, we need not and do not engage in                
          further analysis of the clear reflection of income standard of              
          section 446.  See id.                                                       
               In light of the above, we hold that respondent’s                       
          determination that petitioner’s method of accounting did not                
          produce a clear reflection of income was an abuse of discretion.            
               We have considered all arguments in this case for a contrary           
          holding and, to the extent not discussed above, find those                  
          arguments to be without merit or irrelevant.  To reflect the                
          foregoing,                                                                  
                                             Decision will be entered for             
                                         petitioner.                                  
               Reviewed by the Court.                                                 
               CHABOT, WELLS, WHALEN, COLVIN, BEGHE, LARO, FOLEY, VASQUEZ,            
          and GALE, JJ., agree with this majority opinion.                            
               MARVEL, J., dissents.                                                  
















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