Sunoco, Inc. and Subsidiaries - Page 41

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             213; So. Pac. Transp. Co. v. Commissioner, 75 T.C. at 681.               
             “The applicable standard is whether the accounting clearly               
             reflects income”.  United States v. Ekberg, supra at 925                 
             (opinion by Circuit Judge Blackmun).  The taxpayer must                  
             show that the Commissioner acted arbitrarily upon any fair               
             view of the facts.  See Schram v. United States, supra at                
             543-544.                                                                 
                  On the other hand, in a case in which the taxpayer                  
             did not first request the Commissioner’s consent, such as                
             where, as in the instant case, the taxpayer attempts in a                
             court proceeding to retroactively alter the manner in which              
             the taxpayer accounted for an item on his or her tax                     
             return, then there is no action of the Commissioner to                   
             review under the abuse of discretion standard.  The                      
             question in such a case is whether the change constitutes                
             a change of accounting method that is subject to section                 
             446(e) and not whether the Commissioner’s actions were                   
             arbitrary and an abuse of discretion.  See So. Pac. Transp.              
             Co. v. Commissioner, supra at 682; Wright Contracting Co.                
             v. Commissioner, 36 T.C. at 635-636; cf. FPL Group, Inc. &               
             Subs. v. Commissioner, 115 T.C. at 572, 575; Poorbaugh v.                
             United States, 423 F.2d 157, 163 (3d Cir. 1970); Hackensack              
             Water Co. v. United States, 173 Ct. Cl. 606, 352 F.2d 807                
             (1965).  If the change constitutes a change of accounting                






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