Herbert C. Haynes, Inc. - Page 22

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          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,                      






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