- 11 - Beginning in the early 1990's, the Commissioner began to require contractors to account for the materials used in construction as merchandise inventory.6 In J.P. Sheahan Associates, Inc. v. Commissioner, supra, a roofing company argued that because it ordered materials only on an “as needed” basis (leftover materials were either returned to the supplier for credit or held by the taxpayer at one of its base locations until shipped to a job site), it had no yearend inventory and therefore did not hold merchandise for sale within the meaning of the regulations. The Court said: In so contending, petitioner ignores the fact that the regulations speak in terms of “every case in which the production, purchase, or sale of merchandise is an income-producing factor.” This is the foundation for the determination by respondent, pursuant to section 471, that inventories should be used; the fact that such use may produce a zero or minimal year-end inventory is irrelevant. [Citations omitted.7] Under J.P. Sheahan Associates, Inc., it is irrelevant whether the taxpayer has merchandise on hand at the end of the year for the determination that it must "utilize the inventory method in computing its taxable income." Id. Thus, the fact that petitioner had no emulsified asphalt on hand at the end of 6 See Nolan, "Can the Cash Method of Accounting Clearly Reflect Income?" Tax Notes 1063 (Feb. 24, 1997). 7 In so holding, the Court distinguished as dicta certain language in Asphalt Prods. Co. v. Commissioner, 796 F.2d 843 (6th Cir. 1986), affg. in part and revg. in part Akers v. Commissioner, T.C. Memo. 1984-208.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