-174- Petitioner argues that its burden as to section 446(b) is to prove simply that FNBC’s method of reporting its swaps income was reasonable. We disagree. We understand section 446(b) to require that a method of accounting clearly reflect income and not that it simply be reasonable. A taxpayer’s method of accounting, although believed by the taxpayer to be reasonable, may not necessarily be a method which clearly reflects the taxpayer’s income for purposes of Federal income taxes. Such is especially so considering that the Commissioner is given broad discretion under section 446(b) to determine whether an accounting method clearly reflects income, and that his exercise of authority under that section is given “much latitude” and cannot be disturbed unless “clearly unlawful” or “plainly arbitrary”. Thor Power Tool Co. v. Commissioner, supra at 532-533; Lucas v. Am. Code Co., 280 U.S. 445, 449 (1930); Am. Fletcher Corp. v. United States, supra at 438. Moreover, it is well engrained in our tax jurisprudence that a taxpayer challenging the Commissioner’s exercise of authority under section 446(b) bears a heavy burden of proving that the Commissioner’s determination is “clearly unlawful” or “plainly arbitrary”. Thor Power Tool Co. v. Commissioner, supra at 532- 533; Lucas v. Structural Steel Co., 281 U.S. 264, 271 (1930); Lucas v. Am. Code Co., supra at 449. See also Am. Fletcher Corp.Page: Previous 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 Next
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