26 U.S.C. § 472 | Last-in, first-out inventories

(a)

Authorization

A taxpayer may use the method provided in subsection (b) (whether or not such method has been prescribed under section 471) in inventorying goods specified in an application to use such method filed at such time and in such manner as the Secretary may prescribe. The change to, and the use of, such method shall be in accordance with such regulations as the Secretary may prescribe as necessary in order that the use of such method may clearly reflect income.

(b)

Method applicable

In inventorying goods specified in the application described in subsection (a), the taxpayer shall:

(1)

Treat those remaining on hand at the close of the taxable year as being: First, those included in the opening inventory of the taxable year (in the order of acquisition) to the extent thereof; and second, those acquired in the taxable year;

(2)

Inventory them at cost; and

(3)

Treat those included in the opening inventory of the taxable year in which such method is first used as having been acquired at the same time and determine their cost by the average cost method.

(c)

Condition

Subsection (a) shall apply only if the taxpayer establishes to the satisfaction of the Secretary that the taxpayer has used no procedure other than that specified in paragraphs (1) and (3) of subsection (b) in inventorying such goods to ascertain the income, profit, or loss of the first taxable year for which the method described in subsection (b) is to be used, for the purpose of a report or statement covering such taxable year—

(1)

to shareholders, partners, or other proprietors, or to beneficiaries, or

(2)

for credit purposes.

(d)

3-year averaging for increases in inventory value

The beginning inventory for the first taxable year for which the method described in subsection (b) is used shall be valued at cost. Any change in the inventory amount resulting from the application of the preceding sentence shall be taken into account ratably in each of the 3 taxable years beginning with the first taxable year for which the method described in subsection (b) is first used.

(e)

Subsequent inventories

If a taxpayer, having complied with subsection (a), uses the method described in subsection (b) for any taxable year, then such method shall be used in all subsequent taxable years unless—

(1)

with the approval of the Secretary a change to a different method is authorized; or,

(2)

the Secretary determines that the taxpayer has used for any such subsequent taxable year some procedure other than that specified in paragraph (1) of subsection (b) in inventorying the goods specified in the application to ascertain the income, profit, or loss of such subsequent taxable year for the purpose of a report or statement covering such taxable year (A) to shareholders, partners, or other proprietors, or beneficiaries, or (B) for credit purposes; and requires a change to a method different from that prescribed in subsection (b) beginning with such subsequent taxable year or any taxable year thereafter.

If paragraph (1) or (2) of this subsection applies, the change to, and the use of, the different method shall be in accordance with such regulations as the Secretary may prescribe as necessary in order that the use of such method may clearly reflect income.

(f)

Use of government price indexes in pricing inventory

The Secretary shall prescribe regulations permitting the use of suitable published governmental indexes in such manner and circumstances as determined by the Secretary for purposes of the method described in subsection (b).

(g)

Conformity rules applied on controlled group basis

(1)

In general

Except as otherwise provided in regulations, all members of the same group of financially related corporations shall be treated as 1 taxpayer for purposes of subsections (c) and (e)(2).

(2)

Group of financially related corporations

For purposes of paragraph (1), the term “group of financially related corporations” means—

(A)

any affiliated group as defined in section 1504 determined by substituting “50 percent” for “80 percent” each place it appears in section 1504(a) and without regard to section 1504(b), and

(B)

any other group of corporations which consolidate or combine for purposes of financial statements.

Aug. 16, 1954, ch. 736 68A Stat. 159 Pub. L. 94–455, title XIXOct. 4, 197690 Stat. 1802 Pub. L. 97–34, title IIAug. 13, 198195 Stat. 252 Pub. L. 98–369, div. A, title I, § 95(a)July 18, 198498 Stat. 616(, ; , §§ 1901(b)(36)(A), 1906(b)(13)(A), , , 1834; , §§ 235, 236(a), , ; , , .)

Editorial Notes

Amendments

Pub. L. 98–3691984—Subsec. (g). added subsec. (g).

Pub. L. 97–34, § 236(a)1981—Subsec. (d). , substituted “3-year averaging for increases in inventory value” for “Preceding closing inventory” in heading, substituted first sentence reading “The beginning inventory for the first taxable year for which the method described in subsection (b) is used shall be valued at cost.” for “In determining income for the taxable year preceding the taxable year for which the method described in subsection (b) is first used, the closing inventory of such preceding year of the goods specified in the application referred to in subsection (a) shall be at cost.” and inserted “Any change in the inventory amount resulting from the application of the preceding sentence shall be taken into account ratably in each of the 3 taxable years beginning with the first taxable year for which the method described in subsection (b) is first used.”

Pub. L. 97–34, § 235Subsec. (f). , added subsec. (f).

Pub. L. 94–455, § 1906(b)(13)(A)1976—Subsecs. (a), (c), (e). , struck out “or his delegate” after “Secretary” wherever appearing.

Pub. L. 94–455, § 1901(b)(36)(A)Subsec. (f). , struck out subsec. (f) which provided for a cross reference relating to involuntary liquidation and replacement of LIFO inventories.

Statutory Notes and Related Subsidiaries

Effective Date of 1984 Amendment

Pub. L. 98–369, div. A, title I, § 95(b)July 18, 198498 Stat. 616

July 18, 1984“The amendment made by subsection (a) [amending this section] shall apply to taxable years beginning after the date of the enactment of this Act [].”

, , , provided that:

Effective Date of 1981 Amendment

Pub. L. 97–34, title II, § 236(b)Aug. 13, 198195 Stat. 252

December 31, 1981“The amendment made by subsection (a) [amending this section] shall apply to taxable years beginning after .”

, , , provided that:

Effective Date of 1976 Amendment

section 1901(b)(36)(A) of Pub. L. 94–455Dec. 31, 1976section 1901(d) of Pub. L. 94–455 section 2 of this titleAmendment by effective for taxable years beginning after , see , set out as a note under .