Consolidated Manufacturing, Inc., M. P. Long Living Trust, Merl Philip Long, Trustee, Tax Matters Person - Page 65

                                        -65-                                          
               Petitioner further asserts that even if the Court were to              
          find that the transactions by which Consolidated acquired                   
          customer cores were purchases, and not exchanges, only the                  
          respective fair market values of those cores are the cost and the           
          market for purposes of section 471 and that the alleged excesses            


               24(...continued)                                                       
               did not pass inspection at Bishop Engine's place of                    
               business] that core suppliers do not ordinarily                        
               purchase from salvage yards, except at scrap value.                    
               Thus, for a substantial number of the cores received by                
               * * * Consolidated from its customers, the fair market                 
               value of such cores is, as correctly reported on its                   
               1990 and 1991 federal income tax returns, scrap value.                 
               * * *  [Citations omitted.]                                            
          Assuming arguendo that fair market value were the proper                    
          criterion under sec. 471, petitioner's position regarding what              
          the fair market values of its customer cores were appears to be             
          inconsistent.  On the one hand, petitioner contends that the                
          salvage yard cost for non-bin salvage yard cores "should be                 
          determinative of the actual value of" Consolidated's customer               
          cores.  On the other hand, petitioner asserts that "Mr. Bishop              
          * * * testified that the" customer cores of the type acquired by            
          Consolidated are comparable to bin salvage yard cores which did             
          not pass inspection at Bishop Engine's place of business and                
          which were purchased by core suppliers from salvage yards at                
          scrap value.  Consequently, according to petitioner "for a                  
          substantial number of" Consolidated's customer cores, the fair              
          market value was scrap value.  In any event, even assuming                  
          arguendo that we were to agree with petitioner that either the              
          salvage yard cost for non-bin salvage yard cores or the scrap               
          value for bin salvage yard cores which did not pass inspection at           
          Bishop Engine's place of business is the determinant of the cost            
          and the market for customer cores for purposes of sec. 471, which           
          we do not, petitioner has not established either what those                 
          amounts were or that, "for a substantial number" of customer                
          cores, those amounts did not exceed scrap value.  Moreover,                 
          petitioner concedes that at least with respect to other than "a             
          substantial number" of Consolidated's customer cores,                       
          Consolidated erred when it included in its returns those cores in           
          its unprocessed raw materials inventory and in its goods in                 
          process inventory at scrap value.                                           




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