- 11 - (2d Cir. 1949), affg. a Memorandum Opinion of this Court, as support for their contention that AEI, as a broker or agent, is not required to maintain inventories. As we stated in Epic Metals Corp. & Subs. v. Commissioner, supra, the U.S. Court of Appeals for the Second Circuit decided Simon on the ground that the taxpayer was properly characterized as a broker or commission merchant because his margin for profits and operating expenses was the 5-percent "commission" or "trade discount" allowed him by the manufacturers. In the present case, as in Epic Metals, AEI does not derive its profit from commissions or trade discounts. Rather, AEI's profit is determined by the difference between the price it pays vendors or subcontractors for the electronic materials and the price at which it sells the electronic materials to its customers. Thus, the facts of this case are fundamentally different from those of Simon. See Epic Metals Corp. & Subs. v. Commissioner, supra. Based on our review of the entire record, we hold that AEI had title to the electronic materials and is required to maintain inventories. Indeed, AEI determined gross income by subtracting COGS from total sales. We conclude that AEI is required to use the accrual method of accounting, and respondent did not commit an abuse of discretion under section 446. See sec. 1.446- 1(c)(2)(i), Income Tax Regs.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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