Tebarco Mechanical Corporation - Page 11

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          title.  Petitioner relies on the following language to support              
          its position that it does not have to include the materials it              
          acquires in inventory.  Section 1.471-1, Income Tax Regs.,                  
          provides in pertinent part:                                                 
               Merchandise should be included in the inventory only if                
               title thereto is vested in the taxpayer.  Accordingly, the             
               seller should include in his inventory goods under contract            
               for sale but not yet segregated and applied to the contract            
               and goods out upon consignment, but should exclude from                
               inventory goods sold, * * * title to which has passed to the           
               purchaser.  A purchaser should include in inventory                    
               merchandise purchased, * * * title to which has passed to              
               him, although such merchandise is in transit or for other              
               reasons had not been reduced to physical possession, but               
               should not include goods ordered for future delivery,                  
               transfer of title to which had not yet been effected.                  
               [Emphasis added].                                                      
               Specifically, petitioner asserts that under Georgia law6,              
          title to the job site materials remains in the vendor until                 
          delivery, and at delivery vests in the job site owner.                      
          Petitioner claims that in essence, it was a broker or agent for             
          its customers, in that it merely coordinated the purchase, sale,            
          and delivery of materials to the job site for a fee.  Thus,                 
          petitioner contends that title passed directly from its vendors             
          to its customers at the point of shipment, here the job site.  To           
          support its position that as a broker, it is not required to                


          6    Ga. Code. Ann. sec. 11-2-401(2) (1994) provides in pertinent           
          part:                                                                       
          Unless otherwise explicitly agreed title passes to the buyer at             
               the time and place at which the seller completes his                   
          performance with reference to physical delivery of the goods                
               * * *                                                                  




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