28 supplier (i.e., Timberline) holds the goods, relying on Gas Light Co. v. Commissioner, T.C. Memo. 1986-118. Petitioner argues that the house kits sold by Eagle were held by the taxpayer as required by section 1.451-5(a)(1)(i), Income Tax Regs., even though they were manufactured by Timberline and shipped directly to Eagle's customers. We disagree. In Gas Light Co. v. Commissioner, supra, we held that, under section 1.451-5(a), Income Tax Regs., security deposits received by a utility company were advance payments relating to inventoriable goods. In that case, the taxpayer contended that it never had in its inventory natural gas which was transmitted by pipeline. We rejected that contention; we said that natural gas transmitted through pipelines becomes inventory when it enters the pipeline, relying on Northern Natural Gas Co. v. Commissioner, 44 T.C. 74, 77-79 (1965), affd. 362 F.2d 781 (8th Cir. 1966), in which the taxpayer admitted that it owned pipeline gas and was required to use inventories in computing income. Here, it is undisputed that Eagle did not at any time own or have title to the house kits; Timberline did. Thus, unlike the taxpayer in Gas Light Co. v. Commissioner, supra, Eagle had no inventory. We conclude that the payments at issue were not advance payments under section 1.451-5(a)(1)(i), Income Tax Regs., because Eagle did not hold the house kits primarily for sale to customers in the ordinary course of business.Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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