Galedrige Construction, Inc. - Page 21

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          of petitioner's service business, not merchandise.  The expense             
          of the asphalt is properly deducted under section 162 and the               
          regulations thereunder.11                                                   
               Since the emulsified asphalt is not merchandise, we do not             
          reach the question of whether "merchandise is an income-producing           
          factor" in petitioner's business.                                           
          B.   Inventory                                                              
               In construing the word "inventory" we note that the natural            
          and ordinary meaning of words will be applied in construing tax             
          statutes unless the Congress has definitely indicated an                    



               11   Furthermore, treating the emulsified asphalt as a                 
          supplies expense because it is consumed in providing service to a           
          client is not a treatment unique to this case.  For instance, the           
          Commissioner has issued guidance regarding expensing material               
          consumed in providing service to the taxpayer's customers, see,             
          e.g., Rev. Rul. 75-407, 1975-2 C.B. 196 (public utility should              
          continue to deduct the cost of fuel actually consumed and used to           
          generate electricity distributed during its taxable year), and              
          for expensing materials consumed in operation of a taxpayer's               
          business, see, e.g., Rev. Rul. 90-65, 1990-2 C.B. 41 (the cost of           
          unrecovered platinum from prills used in refining petroleum is a            
          material or supply expense allowed under sec. 1.162-3, Income Tax           
          Regs., during period prills are in use; the expense is then                 
          required to be capitalized as provided under sec. 263A).                    
               In addition, provided the taxpayer can verify the amount of            
          the expense, the Commissioner has allowed deductions for supplies           
          transferred to clients in the operation of taxpayer's service               
          business.  See, e.g., Tomsykoski v. Commissioner, T.C. Memo.                
          1974-105 (drugs and supplies provided free of charge to                     
          patients).                                                                  
              Finally, this Court has held that supplies consumed in the             
          provision of a service are not subject to sec. 1.471-1, Income              
          Tax Regs.  See, e.g., Smith Leasing Co. v. Commissioner, 43 T.C.            
          37, 40-41 (1964) (truck leasing company allowed to charge cost of           
          gasoline, tires and tubes, and replacement parts directly to                
          expense).                                                                   




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