Tebarco Mechanical Corporation - Page 6

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          therefore the accrual method of accounting, because petitioner              
          derives a substantial portion of its income from the sale of                
          merchandise, maintains work-in-process at yearend, maintains a              
          physical inventory at its business premises, and uses the accrual           
          method of accounting for its books and records.                             
               Petitioner asserts that it has no inventory, because it                
          never takes title in, or physical possession of, the materials it           
          acquires for its jobs, and thus is not required to adopt an                 
          inventory method of accounting.  Petitioner further argues that             
          even if we find that it does take title in the materials                    
          acquired, it does not have to adopt an inventory method of                  
          accounting because the sale of merchandise is not an income-                
          producing factor in its business.  Finally, in reliance on                  
          Knight-Ridder Newspapers, Inc. v. United States, 743 F.2d 781               
          (11th Cir. 1984), petitioner contends that even if the sale of              
          merchandise is an income-producing factor, section 1.471-1,                 
          Income Tax Regs., does not apply because there are no substantial           
          fluctuations in petitioner's inventory, nor does petitioner                 
          maintain a substantial amount of inventory at its warehouse.                
               The principal issue for decision is whether it was an abuse            
          of respondent's discretion to require petitioner to change from             
          the cash method, which petitioner uses for income tax reporting             
          purposes, to an accrual method.  Subsumed in this issue is the              
          question of whether petitioner should be required to use                    






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