Dow A. and Sandra E. Huffman, et al. - Page 49

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          method of accounting occurs even when there is a change from an             
          incorrect to a correct method of accounting.”), and other cases             
          noted in Convergent Techs., Inc. v. Commissioner, T.C. Memo. 1995-          
          320.  There are also three examples in section 1.446-                       
          1(e)(2)(iii)(c), Income Tax Regs., holding that an impermissible            
          method of accounting is a method of accounting a change from which          
          requires the consent of the Commissioner: Examples (6), (7), and            
          (8).  We question whether there is vitality to the notion that a            
          taxpayer conforming to a required but theretofore ignored method of         
          accounting does not change its method of accounting by so                   
          conforming.                                                                 
               Consider a taxpayer that elects a method of accounting and,            
          for some time, adheres to the method (thereby adopting it).  The            
          taxpayer then, for some time, deviates from the method before,              
          again, adhering to it.  The notion that the taxpayer did not change         
          its method of accounting when it either, first, deviated from the           
          method or, thereafter, adhered to the method is a notion that is            
          narrower than the previously described notion, and it is one we             
          have supported.  See, e.g., Evans v. Commissioner, T.C. Memo. 1988-         
          228.  We have not, however, been consistent in holding that a               
          taxpayer does not change its method of accounting when it does no           
          more than adhere to a method adopted pursuant to a prior accounting         
          election.  See, e.g., Sunoco, Inc. & Subs. v. Commissioner, T.C.            
          Memo. 2004-29 (retroactive attempt to change treatment of certain           






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