Suzy's Zoo - Page 16




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          part of a product such as petitioner’s paper products.  The ink             
          and characterless paperstock which the printers sell to                     
          petitioner is sufficiently different from the character-filled              
          paper products which petitioner sells to its customers so as to             
          characterize the latter products as sold initially by petitioner,           
          rather than as sold first by the printers to petitioner and then            
          resold by petitioner to its customers.  We also note that the               
          approximately 60-percent gross profit percentage reported by                
          petitioner for the subject year on the sale of its paper products           
          leads directly to the conclusion that the printers charge                   
          petitioner solely for the paper, ink, and labor devoted to the              
          paper products, rather than for the value of the paper products             
          as items that are sold to petitioner for purposes of resale.                
               Petitioner focuses on the fact that the printers bear the              
          risk of loss during the printing process.  We do not find this              
          fact dispositive as to who owns (and thus produces) the paper               
          products.  The identification of the owner of property for                  
          purposes of the UNICAP rules does not necessarily rest on who               
          bears the risk of loss when the product is fabricated or                    
          assembled, or, for that matter, on who actually turns the screws            
          or hammers the nails into the product.  The owner of property               
          must be identified from the facts and circumstances of the case,            










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Last modified: May 25, 2011