Dow A. and Sandra E. Huffman, et al. - Page 38

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                    2.  Petitioners’ Argument                                         
               Petitioners’ argument is as follows:  “It has long been held           
          that where a taxpayer properly elects a particular accounting               
          method, the making by the taxpayer of an error in the use of that           
          accounting method is an error.  Thus, it logically follows that the         
          correction of that error is not a change of accounting method.”             
          Petitioners’ argument rests on the premise that a taxpayer does not         
          change its method of accounting by deviating from it.  If the               
          premise is sound, then the taxpayer does not change its method of           
          accounting by correcting that deviation, since before, during, and          
          after the deviation, the taxpayer used the same method of                   
          accounting.                                                                 
               Petitioners can find some support for their premise in cases           
          holding that a taxpayer does not change its method of accounting            
          when it does no more than conform to a prior accounting election or         
          some specific requirement of the law.  Many of the cases that               
          petitioners rely on, however, were decided before the 1970                  
          revisions to section 1.446-1(e), Income Tax Regs., emphasizing              
          consistency and timing considerations.  Petitioners refer us to             
          Thompson-King-Tate, Inc. v. United States, 296 F.2d 290 (6th Cir.           
          1961), in which the Court of Appeals held that the taxpayer had the         
          right to change its original reporting position and report income           
          from a construction contract in the year the contract was finally           
          completed and accepted because the taxpayer had previously adopted          






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