Dow A. and Sandra E. Huffman, et al. - Page 51

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          Regs., it is the consistent treatment of an item involving a                
          question of timing that establishes such treatment as a method of           
          accounting.  Therefore, a short-lived deviation from an already             
          established method of accounting need not be viewed as establishing         
          a new method of accounting.19  If not so viewed, neither the                
          deviation from, nor the subsequent adherence to, the method of              
          accounting would be a change in method of accounting.  The                  
          question, of course, is what is short-lived.  The Commissioner’s            
          position is that consistency is established for purposes of section         
          1.446-1(e)(2)(ii)(a), Income Tax Regs., by the same treatment of a          
          material item in two or more consecutively filed returns.  Rev.             
          Proc. 2002-18, 2002-1 C.B. 678.  We have said something similar.            
          Johnson v. Commissioner, supra at 494.  We need not today determine         
          how long is short.  Here, even if we were to assume that the                
          members elected the link-chain method and adopted it, see supra pp.         
          46-48, no member deviated from the link-chain method for less than          
          10 years.  That is not a short-lived deviation.                             
               D.  Conclusion                                                         
               We affirm the conclusions that, tentatively, we reached supra          
          in section III.B. of this report.  The accountant erred in applying         
          the link-chain method.  He did so consistently, and his error was           
          an error in timing.  It was not, within the meaning of section              

               19  Nor in reaching that conclusion would a court have to              
          find that the taxpayer committed a posting or mathematical error.           
          See sec. 1.446-1(e)(2)(ii)(b), Income Tax Regs.                             




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