Bank One Corporation - Page 103

                                        -184-                                         
          v. Commissioner, 439 U.S. at 531-532; Hamilton Indus. Inc. v.               
          Commissioner, 97 T.C. at 130.                                               
               From 1958 until the date that it was superseded by section             
          475, section 1.471-5, Income Tax Regs., specifically authorized             
          dealers in securities to value securities inventories at                    
          (1) cost, (2) market, or (3) lower of cost or market, so long as            
          the method employed by the dealer for tax purposes was also “the            
          basis upon which his accounts are kept”.  The requirement that a            
          dealer’s tax accounting method for inventories conform to the               
          method used to maintain the dealer’s internal accounts and to the           
          accounting principles of the industry meant, in practice, that              
          the Commissioner and dealers alike expected that the same                   
          valuations would be employed consistently for tax and for nontax            
          accounting purposes.  In consequence, although many cases involve           
          disputes over the relevant “market” for purposes of applying, for           
          example, lower-of-cost-or-market accounting, e.g., Thor Power               
          Tool Co. v. Commissioner, 439 U.S. 522 (1979), we are unaware of            
          any decided case in which a taxpayer’s good faith calculations of           
          the actual fair market values of inventories, employed                      
          consistently for tax and nontax accounting purposes, have been              
          challenged by the Commissioner.                                             
                         b.  Comprehensive Mark-to-Market Accounting                  
               The same tradition of consistency holds true for                       
          comprehensive mark-to-market accounting outside the context of              






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