Milward Corporation - Page 6

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          Petitioner received progress payments for work completed.                   
          Petitioner computed its taxable income by deducting the cost of             
          materials and supplies in the year when they were purchased.                
               Petitioner had inventory in the amounts of $73,542 and                 
          $98,194 for the fiscal years ending January 31, 1989 and 1990,              
          respectively.  Petitioner had no inventory on the first day of              
          the fiscal year ending January 31, 1989.                                    
               Petitioner's gross receipts, cost of materials, accounts               
          receivable, and accounts payable for the fiscal years in issue              
          are summarized as follows:                                                  
          FY 1988      FY 1989      FY 1990                                           
          Gross receipts           $1,283,428   $2,720,274   $1,485,687               
          Cost of materials           250,628      506,881      382,640               
          Accounts receivable         619,561      589,711      788,156               
          Accounts payable            117,847       39,993      159,305               
          Cost of materials as a                                                      
          percent of gross receipts   19.5%        18.6%        25.8%                 
               Deemed admissions aside, respondent filed motions to compel            
          requesting that the Court direct petitioner to respond to                   
          respondent's interrogatories and request for production of                  
          documents.  We granted respondent's motions to compel and                   
          directed petitioner to respond to respondent's discovery                    
          requests.  Petitioner failed to comply with the Court's order.              
               As indicated, respondent filed a Motion for Summary Judgment           
          seeking judgment in her favor on all issues.  Respondent contends           




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