T.C. Memo. 1997-240 UNITED STATES TAX COURT GALEDRIGE CONSTRUCTION, INC., Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 21463-94. Filed May 22, 1997. P, an asphalt paving contractor, did not account for inventories and kept its books and filed its returns on the cash receipts and disbursements method of accounting. R determined that the sale of merchandise was an income- producing factor in P's business, that P must, pursuant to sec. 1.471-1, Income Tax Regs., account for inventories, and that P must use the accrual method of accounting to clearly reflect income. Held: Emulsified asphalt, which becomes useless in less than 5 hours, is not merchandise held for sale by P. Held, further, P has no inventories; thus, sec. 1.471-1, Income Tax Regs., does not apply to P for the taxable years at issue. Held, further, P's method of accounting clearly reflects income; R abused her discretion in requiring P to use the accrual method of accounting.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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