- 60 - contrary, applied the substantial-identity-of-results test in Asphalt Prods. Co. v. Commissioner, supra. The taxpayer, which produced and sold emulsified asphalt, had employed the cash method of accounting from its inception. Through 1973, the taxpayer had only nominal inventories on hand at yearend because it normally closed down its operations for several weeks before the end of the year. The taxpayer's principal customers were county governments in Tennessee that used emulsified asphalt for road construction and maintenance. The county governments received revenues required for that purpose from their share of State gasoline taxes. As an effect of the Arab oil embargo of 1973, the price of emulsified asphalt rose rapidly while the consumption of gasoline dropped sharply. Consequently, the taxpayer's accounts receivable increased substantially between January 1, 1974, and January 1, 1975. Additionally, because suppliers of the petroleum residue that was the principal ingredient of emulsified asphalt required their customers to accept their allocations of the petroleum residue on a monthly basis, the taxpayer had inventories on hand at the end of 1974 and 1975. On audit, the Commissioner determined that the taxpayer had to use the accrual method of accounting because the use of inventories was necessary to clearly reflect income due to the fact that the production and sale of merchandise was an income-producing factor. The Commissioner determined additionally that the fluctuations in accounts receivablePage: Previous 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Next
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