- 10 - OPINION We must decide whether respondent’s determination that petitioner’s use of the cash method of accounting did not clearly reflect income was an abuse of respondent’s discretion. We hold that it was. In order to require a taxpayer to change its method of accounting, the Commissioner must determine 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). While the Commissioner’s discretion is broad, see Thor Power Tool Co. v. Commissioner, 439 U.S. 522, 532-533 (1979), it is not absolute, see Hallmark Cards, Inc. v. Commissioner, supra, and we find an abuse of discretion when 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). In RACMP Enters., Inc. v. Commissioner, 114 T.C. 211 (2000), we addressed these issues in a factual context indistinguishable from the instant case. In that case, we provided as follows: Whether * * * [the taxpayer] is required to report its income on the accrual method of accounting instead of the cash method depends on whether * * * [the taxpayer] is in the business of selling merchandise to customers in addition to providing service or whether the material provided by * * * [the taxpayer] is a supply that is incidental to the provision of the contracted service. [Id. at 220; citations omitted.]Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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