- 21 - 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).Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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