- 11 - 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 * * *Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011