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WAL-MART STORES, INC. & SUBSIDIARIES v. C.I.R.

No. 97-2693.

153 F.3d 650 (1998)

WAL-MART STORES, INC. & SUBSIDIARIES, Appellees, v. COMMISSIONER OF INTERNAL REVENUE, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 14, 1998.

Attorney(s) appearing for the Case

Steven W. Park, Department of Justice, Washington, DC, argued (Teresa E. McLaughlin, Department of Justice, Washington, DC, on the brief), for appellant.

Alexander Sakupowsky, Jr., Washington, DC, argued (F. Brook Voght and Jean A. Pawlow, Washington, DC, on the brief), for appellees.

Before BEAM and HEANEY, Circuit Judges, and WATERS, District Judge.

BEAM, Circuit Judge.

This case presents the question whether a retailer may account for unverified inventory shrinkage, and if so, whether the method used by Wal-Mart Stores, Inc. & Subsidiaries is permissible. The Commissioner of Internal Revenue (Commissioner) appeals from the tax court's2 decision reversing the Commissioner's determination of federal tax deficiencies. We affirm the tax court.

I. BACKGROUND

The...

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