- 19 - 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.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
Last modified: May 25, 2011