- 12 - previously discussed, we do not think that the FERC/FPSC method is contrary to the regulation. Regardless of whether a taxpayer used a proper or improper method of accounting, a taxpayer must receive the Commissioner’s approval before changing a method of accounting. Sec. 446(e); sec. 1.446-1(e)(2)(I), Income Tax Regs.4 The Commissioner has wide discretion to decide whether to consent to a taxpayer request to change a method of accounting. Sunoco, Inc. & Subs. v. Commissioner, T.C. Memo. 2004-29. Here, petitioner sought a retroactive change to its method of accounting. The Commissioner generally will not grant retroactive changes to a taxpayer’s method of accounting. See sec. 1.446-1(e)(3)(I), Income Tax Regs.; Rev. Rul. 90-38, 1990-1 C.B. 57; Rev. Proc. 97-27, sec. 2.04, 1997-1 C.B. 680, 682. As a result, we do not think respondent abused his discretion by denying petitioner’s protective request for a change in method of accounting. Finally, petitioner alleges that respondent has allowed unspecified competitors to claim additional repair expenses under section 1.162-4, Income Tax Regs., even though they also followed 4 The reason for requiring the Commissioner’s consent was stated in Lord v. United States, 296 F.2d 333, 335 (9th Cir. 1961), as follows: “If * * * [taxpayers] were allowed to report income in one manner and then freely change to some other manner, the resulting confusion would be exactly that which was to be alleviated by requiring permission to change accounting methods.” See also FPL Group, Inc. & Subs. v. Commissioner, 115 T.C. at 573-575.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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