Tebarco Mechanical Corporation - Page 5

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               Petitioner works on several jobs at a time.  Petitioner's              
          contracts generally provide for progress billing on the 25th day            
          of each month.  In most cases, petitioner sends its customers a             
          bill once a month until a job is complete.  Petitioner's vendors            
          allow 30 days for payment of any materials petitioner orders.               
          Petitioner generally tries to ship any materials ordered for a              
          particular job directly to the job site on or about the 20th day            
          of each month, so that it is not responsible for paying vendor              
          bills until the 20th of the following month.                                
               Petitioner had $2,115,291 in gross receipts for the taxable            
          year in issue.  Petitioner's material costs2 for the taxable year           
          amounted to 33 percent of its gross receipts.  Petitioner's cost            
          of good sold (COGS) was $1,835,723.3                                        
                                      OPINION                                        
          Issue 1.  Whether It Was an Abuse of Respondent's Discretion To             
          Require Petitioner To Change From the Cash Method of Accounting             
          to an Accrual Method of Accounting                                          
               Respondent determined that the cash receipts and                       
          disbursements method of accounting used by petitioner for income            
          tax purposes does not clearly reflect income.  Specifically,                
          respondent claims that petitioner must use inventories, and                 

          2    On its tax return for the year in issue, petitioner reported           
          material costs of $701,320.                                                 
          3    On its tax return for the year in issue, petitioner included           
          the following items in its COGS computation:  Material purchases,           
          labor, equipment, subcontractor payments, depreciation, payroll             
          taxes, insurance, operating expenses and other miscellaneous                
          expenditures.                                                               




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Last modified: May 25, 2011