-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 From 1958 until the date that it was superseded by section 475, section 1.471-5, Income Tax Regs., specifically authorized dealers in securities to value securities inventories at (1) cost, (2) market, or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 ofPage: Previous 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 Next
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