- 13 - with its customers exactly when, where, and to whom title to the materials was to pass. See Miami Purchasing Service Corp. v. Commissioner, 76 T.C. 818, 830 (1981) (the taxpayer, when negotiating with customers over sales terms could have insisted on a clear contractual statement of where title was to pass). Had petitioner set out such terms pursuant to its contracts, and had it consistently acted in accordance with such contracts, "such provisions would have furnished clear evidence of the parties' intention and governed the passage of title". Epic Metals Corp. v. Commissioner, T.C. Memo. 1984-322, affd. without published opinion 770 F.2d 1069 (3d Cir. 1985). However, based on the evidence submitted at trial, we find that petitioner's contracts do not by their terms prevent petitioner from taking title to the materials shipped directly to a job site from petitioner's vendors to its customers. Moreover, petitioner's assertion that many of its material acquisitions are identified with specific customers' construction jobs, does not negate the fact that it purchases materials from vendors and then sells the ordered materials to its customers. J.P. Sheahan Associates v. Commissioner, T.C. Memo. 1992-239. More importantly, that title in the merchandise may not repose in petitioner for a long period of time does not negate the fact that petitioner acquires merchandise for sale in its business. We note that possession of title is a factor in determining when a sale occurs together with all surrounding circumstances.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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