- 39 - 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.Page: Previous 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Next
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