- 12 - maintain inventories, petitioner relies heavily on Simon v. Commissioner, 176 F.2d 230 (2d Cir. 1949) (buyer and seller of paper box-board maintained no inventory, and was not engaged in business of "merchandising" requiring use of accrual method in computing income for Federal income tax purposes), and stresses the fact that generally it does not take physical possession of any materials it orders. Petitioner further argues that its practices are consistent with industry customs in that other subcontractors never take title to assigned materials, which they provide to their customers for a particular job. We find petitioner's argument without merit; not only does it lack factual support in the record, but it fails to provide a defense for petitioner's refusal to account for inventories. Petitioner argues in a circular fashion that pursuant to section 1.471-1, Income Tax Regs., it need not maintain inventories, because it never had merchandise held for sale as all materials it acquires are instantaneously applied to a contract, segregated, and sold. Under the facts discussed herein, however, petitioner, in any given transaction, acts as both the buyer pursuant to its contract with the vendor, and the seller pursuant to its contract with the general contractor. In relying on section 1.471-1, Income Tax Regs., and Ga. Code Ann. sec. 11-2- 401, however, petitioner fails to address this critical fact. Moreover, we note that petitioner could have changed the nature of its position as one of "buyer" by describing in the contractsPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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