26 U.S.C. § 472

Last-in, first-out inventories

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(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 applicableIn 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) ConditionSubsection (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 inventoriesIf 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 corporationsFor 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 XIX, §§ 1901(b)(36)(A), 1906(b)(13)(A), Oct. 4, 1976, 90 Stat. 1802, 1834; Pub. L. 97–34, title II, §§ 235, 236(a), Aug. 13, 1981, 95 Stat. 252; Pub. L. 98–369, div. A, title I, § 95(a), July 18, 1984, 98 Stat. 616.)Editorial NotesAmendments

1984—Subsec. (g). Pub. L. 98–369 added subsec. (g).

1981—Subsec. (d). Pub. L. 97–34, § 236(a), 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.”

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

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

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

Statutory Notes and Related SubsidiariesEffective Date of 1984 Amendment

Pub. L. 98–369, div. A, title I, § 95(b), July 18, 1984, 98 Stat. 616, provided that: “The amendment made by subsection (a) [amending this section] shall apply to taxable years beginning after the date of the enactment of this Act [July 18, 1984].”

Effective Date of 1981 Amendment

Pub. L. 97–34, title II, § 236(b), Aug. 13, 1981, 95 Stat. 252, provided that: “The amendment made by subsection (a) [amending this section] shall apply to taxable years beginning after December 31, 1981.”

Effective Date of 1976 Amendment

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

Notes of Decisions

Cited in 8 cases, 1961–2015 · leading case: Spang Industries, Inc. v. The United States

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Spang Industries, Inc. v. The United States (1986) cafc “At oral argument the government conceded that if Spang’s use of inventories in conjunction with the completed-contract method of accounting was proper, Spang’s use of the LIFO method of valuing its inventory also was permissible under section 472(a) of the Internal Revenue Code…”

Kohler Co. And Subsidiaries v. United States (1997) cafc · cites it 2× “Finally, use of the LIFO method of inventory accounting “in accordance with such regulations as the Secretary may prescribe as necessary in order that the use of such method may clearly reflect income,” is specifically sanctioned by 26 U.S.C. § 472 (1994). 5 To understand…”

Fischer Industries, Inc. v. Commissioner of Internal Revenue (1988) ca6 “A taxpayer is permitted under 26 U.S.C. § 472 to change this inventory accounting system to LIFO if he complies with the appropriate regulations.”

La Crosse Footwear, Inc. And International Footwear Corporation v. United States (1999) cafc · cites it 2× “At the same time, 26 U.S.C. § 472 specifically sanctions the use of the LIFO method of inventory accounting “in accordance with such regulations as the Secretary may prescribe as necessary in order that the use of such method may clearly reflect income.”

Troy R. Douthit and Mildred P. Douthit v. United States of America, Cecil S. Carroll and Treba Carroll v. United States (1970) ca6 “Plaintiffs-appellees are partners in an automobile dealership seeking a refund of federal incomes taxes paid by them pursuant to deficiencies assessed by the Internal Revenue Service as a result of an adjustment required by a change in their accounting method, 26 U.S.C. § 472…”

William Powell Co. v. United States (1981) ohsd · cites it 2× “This case presents two issues: 1) What is the proper scope of review to be applied to the Commissioner’s decision to disallow a taxpayer’s election of LIFO for failure to comply with the conformity requirements of 26 U.S.C. § 472 (c)? 2) Does the issuance of annual reports and…”

Clearon Corp. v. United States (2015) cit “329-31 (2010) (discussing cost flow assumptions for determining inventory carrying cost); see also 26 U.S.C. §472 . For financial and cost accounting purposes, the “split-off” point is the point at which co- and by-products become separate and identifiable and at which the joint…”

Mohawk Liqueur Corp. v. United States (1961) mied “Taxpayer elected the LIFO method of inventorying its distilled spirits and finished products on October 1, 1942, as allowed by Section 22(d) of the Internal Revenue Code of 1939, 1 (re-enacted without important changes as Section 472, Internal Revenue Code of 1954, 26 U.S.C. §…”

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