Opinion

Dayton Hudson Corp. v. Commissioner

  • 101 T.C. 462
  • 101 T.C. No. 30
  • 1993 U.S. Tax Ct. LEXIS 71
Court
United States Tax Court
Filed
Nov 18, 1993
Status
Published
Author
Jacobs
On the bench
Halpern,Hamblen,Shields,Cohen,Swift,Parr,Wells,Ruwe,Whalen,Laro,Chiechi,Colvin,Gerber,Wright,Beghe
Cited by
11 cases

The opinion

Jacobs, J., concurring: Because the question involved herein (whether the taxpayer properly computed its ending inventory) is a question of fact, the granting of the Commissioner’s motion for summary judgment is inappropriate. As a practical matter, however, I have difficulty in believing the taxpayer can prove that the shrinkage for any given year can be estimated with sufficient accuracy so as to “clearly reflect” the taxpayer’s ending inventory, and hence its income, as is necessary to comport with the requirements of section 471. But, the taxpayer should have an opportunity to present facts proving otherwise.

Because my ultimate conclusion is the same as that of the majority, I concur in the result even though I do not join in the majority’s opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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