Tebarco Mechanical Corporation - Page 20

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          Sale of Merchandise Is an Income-Producing Factor                           
               For merchandise to be classified as inventory under section            
          1.471-1, Income Tax Regs., it must also be an "income-producing             
          factor".  Whether merchandise is an income-producing factor                 
          depends on the facts and circumstances of the case.  Thompson               
          Elec., Inc. v. Commissioner, T.C. Memo. 1995-292;  Wilkinson-               
          Beane, Inc. v. Commissioner, T.C. Memo. 1969-79.  If the cost of            
          the merchandise is substantial compared to the taxpayer's                   
          receipts, the merchandise is an income-producing factor.  Knight-           
          Ridder Newspapers, Inc. v. United States, 743 F.2d at 790 (11th             
          Cir. 1984) (the cost of newsprint and ink constituted 17.6                  
          percent of total cash receipts); Wilkinson-Beane, Inc. v.                   
          Commissioner, 420 F.2d at 355 (for 1963 and 1965 respectively,              
          the cost of caskets constituted 15.4 percent and 14.7 percent of            
          cash basis receipts); Thompson Elec., Inc. v. Commissioner, supra           
          (materials varied from 37 to 44 percent of its cash basis gross             
          receipts).                                                                  
               In this case, the facts indicate that the materials acquired           
          by petitioner and assigned to particular job sites, as well as              
          materials kept at petitioner's warehouse, were sold to its                  
          customers as part of the subcontracting installation transaction.           
          The price of such materials was one of six factors making up the            
          price of the installation transaction; the other factors were               
          equipment and supply cost, labor cost, subcontractor cost, and an           
          overhead/profit allocation.  Petitioner's materials amounted to             




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