- 20 - 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 toPage: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
Last modified: May 25, 2011