-13- estate may use an inventory method of accounting for its development costs. The revenue ruling and the cases cited therein make the situation that the ruling addresses very clear. Petitioner is not in the business of developing and selling real estate; thus, this ruling is materially distinguishable on its facts and not relevant to petitioner's situation. See sec. 1.6661-3(b)(3), Income Tax Regs. Similarly, we accord no weight to petitioner's reliance on Rev. Rul. 59-329, supra, as substantial authority. Rev. Rul. 59- 329 addresses the issue of whether a taxpayer who, under section 1.451-3, Income Tax Regs., accounts for its long-term contracts on the completed contract method, or who has accounted for both its long-term and its short-term contracts on the completed contract method for several years, may consider as inventory the costs of materials, labor, supplies, depreciation, etc., with respect to such contracts. Under the facts of Galedrige I, it is evident that petitioner has no long-term contracts; thus this ruling is not substantial authority for the position it took on reporting its income. We noted in Galedrige I that "The statute and regulations do not define 'merchandise' or 'inventory', nor do they clearly distinguish between 'materials and supplies' that are not actually consumed and remain on hand, and inventory." Furthermore, we acknowledged that "the authorities in this area are not easily reconcilable." However, we stated thatPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011