- 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
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