-175- v. United States, supra at 438, where the Court of Appeals for the Seventh Circuit stated: Our task [in reviewing the Commissioner’s determination that a method of accounting does not clearly reflect income] is limited to determining whether the Commissioner abused his discretion in finding it necessary to change the taxpayer’s method of accounting, recalling that a taxpayer has the heavy burden of proving that the Commissioner’s determination is plainly arbitrary. [Citations and quotation marks omitted.] Nor must the Commissioner establish any bad faith on the part of a taxpayer in using a particular method of accounting before requiring that the taxpayer change that method of accounting. Prabel v. Commissioner, supra at 1112. The fact that the Commissioner possesses broad authority under section 446(b), however, does not mean that the Commissioner may change a taxpayer’s method of accounting with impunity. For example, the Commissioner may not change a method of accounting which clearly reflects income to another method that the Commissioner believes reflects income more clearly. Osteopathic Med. Oncology & Hematology, P.C. v. Commissioner, 113 T.C. 376, 381 (1999); Ansley-Sheppard-Burgess Co. v. Commissioner, 104 T.C. 367 (1995); Bay State Gas Co. v. Commissioner, 75 T.C. 410, 417 (1980), affd. 689 F.2d 1 (1st Cir. 1982); see also Wal-Mart Stores, Inc. v. Commissioner, 153 F.3d at 657 (having ruled that inventory shrinkage estimates are not prohibited by the Internal Revenue Code or the regulationsPage: Previous 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 Next
Last modified: May 25, 2011