Golden Gate Litho - Page 12

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          Commissioner, T.C. Memo. 1992-453, affd. without published                  
          opinion 27 F.3d 571 (8th Cir. 1994).                                        
               Petitioner sells items that it prints according to the                 
          specifications of its customers.  The printed items are items               
          held for sale and, thus, are merchandise.  All of petitioner's              
          gross receipts are generated by the sale of the items petitioner            
          produces for its customers.  Therefore, the production and sale             
          of merchandise is an income-producing factor.                               
               Furthermore, even if we agreed that petitioner performs a              
          service, courts have held that, if the cost of materials a                  
          taxpayer uses to provide a service is substantial compared to               
          its receipts, the material is a substantial income-producing                
          factor.  Wilkinson-Beane, Inc. v. Commissioner, supra at 355.               
          Petitioner reported the following gross receipts and purchases              
          for the taxable years ending May 31, 1989 through 1995:                     
                                                Taxable Year Ending                   
                    5/31/89    5/31/90     5/31/915/31/92 5/31/93    5/31/94    5/31/95 
          Gross receipts$1,450,643  $1,462,904  $1,678,433  $1,499,946 $1,399,727  $1,357,166  $1,135,232
          Purchases   $546,827    $483,172$577,861$449,492   $380,327    $420,730    $282,490
          Percentage     38%    33%     34%     30%    27%       31%     25%          
               The cost of materials petitioner uses to provide its                   
          service is substantial compared to its receipts.  Therefore,                
          the material petitioner uses is a substantial income-producing              
          factor.  Petitioner's arguments have previously been considered             
          and rejected by this Court.  See Thompson Elec., Inc. v.                    
          Commissioner, T.C. Memo. 1995-292; J.P. Sheahan Associates,                 






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