- 5 - In performing its contracts, petitioner took delivery of the materials directly from the asphalt supplier. Petitioner's driver picked up the asphalt and took it directly to the job site. The asphalt had to be laid within 2 to 5 hours from the time it was picked up from the plant, or it would become rock hard and have to be thrown away. Petitioner had no way to extend the time that asphalt is in an emulsified condition. Once the asphalt hardened, it could not be melted and reused; nor could it be returned for credit to the asphalt supplier. Petitioner generally worked on only one job at a time, lasting a week or less. When the job was finished, petitioner billed the customer and created an accounts receivable on its books. The asphalt company sent petitioner an invoice, usually due within 30 days, which petitioner paid only after it received payment from its customer. Although petitioner, not the customer, usually paid the supplier, there were some customers who paid the supplier directly for the asphalt used on a job. This was an uncommon event, however, that did not occur during the years at issue. Occasionally, customers issued a joint check to petitioner and the supplier so that, in effect, the customer paid the supplier. Petitioner's asphalt costs for the tax years 1989 and 1990 were $930,960 and $855,566, respectively. Petitioner deducted the cost of the asphalt as a supplies expense on its tax returns for the years at issue.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011