- 22 - cash method because section 448 does not bar it. “The fact that section 448 does not preclude petitioner from using the cash method does not authorize it if * * * the cash method does not clearly reflect income.” Thompson Elec., Inc. v. Commissioner, T.C. Memo. 1995-292. When a taxpayer has inventories, the taxpayer may not use the cash method, even though so permitted under section 448, if the cash method does not clearly reflect its income. See id. Indeed, the regulations under section 448 emphasize that other sections may limit a taxpayer’s entitlement to use the cash method. Nothing in section 448 shall have any effect on the application of any other provision of law that would otherwise limit the use of the cash method, and no inference shall be drawn from section 448 with respect to the application of any such provision. For example, nothing in section 448 affects * * * the requirement of � 1.446-1(c)(2) that an accrual method be used with regard to purchases and sales of inventory. Similarly, nothing in section 448 affects the authority of the Commissioner under section 446(b) to require the use of an accounting method that clearly reflects income * * *. For example, a taxpayer using the cash method may be required to change to an accrual method of accounting under section 446(b) because such method clearly reflects that taxpayer’s income, even though the taxpayer is not prohibited by section 448 from using the cash method. * * * [Sec. 1.448-1T(c), Temporary Income Tax Regs., 52 Fed. Reg. 22767 (June 12, 1987).] We have found that petitioner must maintain inventories. Accordingly, the cash method does not clearly reflect petitioner’s income. Section 448 does not “literally,Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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