Qualified liquidations of LIFO inventories

26 U.S.C. § 473
in effect
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(a) General ruleIf, for any liquidation year—(1) there is a qualified liquidation of goods which the taxpayer inventories under the LIFO method, and (2) the taxpayer elects to have the provisions of this section apply with respect to such liquidation, then the gross income of the taxpayer for such taxable year shall be adjusted as provided in subsection (b). (b) Adjustment for replacementsIf the liquidated goods are replaced (in whole or in part) during any replacement year and such replacement is reflected in the closing inventory for such year, then the gross income for the liquidation year shall be—(1) decreased by an amount equal to the excess of—(A) the aggregate replacement cost of the liquidated goods so replaced during such year, over (B) the aggregate cost of such goods reflected in the opening inventory of the liquidation year, or (2) increased by an amount equal to the excess of—(A) the aggregate cost reflected in such opening inventory of the liquidated goods so replaced during such year, over (B) such aggregate replacement cost. (c) Qualified liquidation definedFor purposes of this section—(1) In generalThe term “qualified liquidation” means—(A) a decrease in the closing inventory of the liquidation year from the opening inventory of such year, but only if (B) the taxpayer establishes to the satisfaction of the Secretary that such decrease is directly and primarily attributable to a qualified inventory interruption. (2) Qualified inventory interruption defined(A) In generalThe term “qualified inventory interruption” means a regulation, request, or interruption described in subparagraph (B) but only to the extent provided in the notice published pursuant to subparagraph (B). (B) Determination by SecretaryWhenever the Secretary, after consultation with the appropriate Federal officers, determines—(i) that—(I) any Department of Energy regulation or request with respect to energy supplies, or (II) any embargo, international boycott, or other major foreign trade interruption, has made difficult or impossible the replacement during the liquidation year of any class of goods for any class of taxpayers, and (ii) that the application of this section to that class of goods and taxpayers is necessary to carry out the purposes of this section, he shall publish a notice of such determinations in the Federal Register, together with the period to be affected by such notice. (d) Other definitions and special rulesFor purposes of this section—(1) Liquidation yearThe term “liquidation year” means the taxable year in which occurs the qualified liquidation to which this section applies. (2) Replacement yearThe term “replacement year” means any taxable year in the replacement period; except that such term shall not include any taxable year after the taxable year in which replacement of the liquidated goods is completed. (3) Replacement periodThe term “replacement period” means the shorter of—(A) the period of the 3 taxable years following the liquidation year, or (B) the period specified by the Secretary in a notice published in the Federal Register with respect to that qualified inventory interruption. Any period specified by the Secretary under subparagraph (B) may be modified by the Secretary in a subsequent notice published in the Federal Register. (4) LIFO methodThe term “LIFO method” means the method of inventorying goods described in section 472. (5) Election(A) In generalAn election under subsection (a) shall be made subject to such conditions, and in such manner and form and at such time, as the Secretary may prescribe by regulation. (B) Irrevocable electionAn election under this section shall be irrevocable and shall be binding for the liquidation year and for all determinations for prior and subsequent taxable years insofar as such determinations are affected by the adjustments under this section. (e) Replacement; inventory basisFor purposes of this chapter—(1) ReplacementsIf the closing inventory of the taxpayer for any replacement year reflects an increase over the opening inventory of such goods for such year, the goods reflecting such increase shall be considered, in the order of their acquisition, as having been acquired in replacement of the goods most recently liquidated (whether or not in a qualified liquidation) and not previously replaced. (2) Amount at which replacement goods taken into accountIn the case of any qualified liquidation, any goods considered under paragraph (1) as having been acquired in replacement of the goods liquidated in such liquidation shall be taken into purchases and included in the closing inventory of the taxpayer for the replacement year at the inventory cost basis of the goods replaced. (f) Special rules for application of adjustments(1) Period of limitationsIf—(A) an adjustment is required under this section for any taxable year by reason of the replacement of liquidated goods during any replacement year, and (B) the assessment of a deficiency, or the allowance of a credit or refund of an overpayment of tax attributable to such adjustment, for any taxable year, is otherwise prevented by the operation of any law or rule of law (other than section 7122, relating to compromises), then such deficiency may be assessed, or credit or refund allowed, within the period prescribed for assessing a deficiency or allowing a credit or refund for the replacement year if a notice for deficiency is mailed, or claim for refund is filed, within such period. (2) InterestSolely for purposes of determining interest on any overpayment or underpayment attributable to an adjustment made under this section, such overpayment or underpayment shall be treated as an overpayment or underpayment (as the case may be) for the replacement year. (g) Coordination with section 472The Secretary shall prescribe such regulations as may be necessary to coordinate the provisions of this section with the provisions of section 472.

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