Tebarco Mechanical Corporation - Page 19

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          declarants of the statements had been able to testify as to the             
          statements' meanings, it would be clear that they were taken out            
          of context and that any reference to "the shop" was not a                   
          reference to petitioner's shop, but to the shop at the job site.            
          Petitioner had the opportunity to present evidence or witnesses             
          at trial to explain any ambiguity in the statements found in                
          petitioner's business records.  Petitioner's failure to do so               
          leads us to believe that the presentation of such evidence would            
          have been unfavorable to petitioner.  McKay v. Commissioner,                
          supra; Wichita Terminal Elevator Co. v. Commissioner, supra.                
               Based on the entire record, we find that petitioner's                  
          subcontracting installation transactions involved a sale of a               
          service and merchandise.  The materials petitioner acquires and             
          assigns to particular jobs, as well as the materials petitioner             
          maintains in its warehouse are the merchandise sold in these                
          transactions.                                                               



















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