Bank One Corporation - Page 93

                                        -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 regulations                  






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