- 8 - a method of accounting clearly reflects income and, if not, to direct the taxpayer to adopt an alternative method of accounting. See sec. 446(b); United States v. Catto, 384 U.S. 102, 114 & n.22 (1966); Commissioner v. Hansen, 360 U.S. 446, 468 & n.12 (1959). Section 446 imposes a heavy burden on a taxpayer disputing the Commissioner’s determination on accounting matters. See Thor Power Tool Co. v. Commissioner, 439 U.S. 522, 532-533 (1979). We review the Commissioner’s exercise of authority under section 446(b) for abuse of discretion. See Ford Motor Co. v. Commissioner, 102 T.C. 87, 91 (1994), affd. 71 F.3d 209 (6th Cir. 1995). The Commissioner’s determination is entitled to more than the usual presumption of correctness. See id. and cases cited therein. Whether an abuse of discretion has occurred depends upon 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). To prevail, a taxpayer must establish that the Commissioner’s determination was “clearly unlawful” or “plainly arbitrary”. Id. at 370. Section 1.471-1, Income Tax Regs., 25 Fed. Reg. 11724 (Nov. 26, 1960), provides that a taxpayer must use inventories “in every case in which the production, purchase, or sale of merchandise is an income-producing factor.” Section 1.446- 1(c)(2)(i), Income Tax Regs., provides that a taxpayer using inventories generally must use the accrual method of accounting.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011