-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.Page: Previous 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 Next
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