Sunoco, Inc. and Subsidiaries - Page 33

                                       - 33 -                                         
             unacceptable.”  Thor Power Tool Co. v. Commissioner, supra               
             at 542-543.                                                              
                  Furthermore, it is often difficult to find that a                   
             taxpayer’s return is not in conformity with the taxpayer’s               
             books.  A taxpayer’s books often contain sufficient records              
             and data to permit a reconciliation of any differences                   
             between a taxpayer’s return and its books.  See Patchen v.               
             Commissioner, 258 F.2d 544, 550 (5th Cir. 1958), revg. in                
             part on another ground and affg. in part 27 T.C. 592                     
             (1956); Public Serv. Co. v. Commissioner, supra at 452;                  
             St. Luke’s Hosp., Inc. v. Commissioner, 35 T.C. 236, 247                 
             (1960).  According to the regulations promulgated under                  
             section 446, such a reconciliation of differences between                
             the taxpayer’s books and his return form a part of the                   
             taxpayer’s accounting records.  See sec. 1.446-1(a)(4),                  
             Income Tax Regs.; see also Rev. Rul. 74-383, 1974-2 C.B.                 
             146.                                                                     
                  Subsection (b) of section 446 sets forth statutory                  
             exceptions to the conformity requirement.  Under that                    
             subsection, if the taxpayer does not regularly use a method              
             of accounting, or if the method used does not clearly                    
             reflect income, then “the computation of taxable income                  
             shall be made under such method as, in the opinion of the                
             Secretary, does clearly reflect income.”  Sec. 446(b).                   






Page:  Previous  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  Next

Last modified: May 25, 2011