Alacare Home Health Services, Inc. - Page 8




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          at 572-573.  In Union Pac. R.R. Co. v. United States, supra at              
          1347-1348, the Court of Claims rejected the Commissioner’s                  
          attempt to distinguish Cincinnati.                                          
               Petitioner contends that, like the taxpayers in Cincinnati             
          and Union Pacific, its method of accounting clearly reflected its           
          income within the meaning of section 446, and that respondent’s             
          attempt to change petitioner’s accounting method was an abuse of            
          discretion.  Petitioner also contends that respondent cannot                
          change its method of accounting because petitioner has                      
          consistently used an accounting method that clearly reflects                
          income.                                                                     
               3.   Comparison of Facts in Cincinnati, Union Pacific, and             
                    This Case                                                         
               The following chart compares petitioner to the taxpayers in            
          Cincinnati and Union Pacific (to the extent a comparison can be             
          made based on the record in this case and the Court of Claims’              
          opinions in Cincinnati3 and Union Pacific):                                 
                           Cincinnati       Union Pacific          Petitioner         
          (1947, 1948 and 1949)    (1942)            (1995 and 1996)                  
          1.  Disputed Items                                                          
          Disputed            $12,854                                                 
          items                11,006                                 $467,944        
          24,715            $113,718              351,543                             





               3  See Cincinnati, New Orleans & Tex. Pac. Ry. Co. v. United           
          States, 191 Ct. Cl. 572, 600 (1970).  The numerical data from               
          Cincinnati can be found only in the Court of Claims reports.                




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