-81- (b) In the case of merchandise purchased since the beginning of the taxable year, the invoice price * * * Although petitioner disputes that the transactions by which Consolidated acquired customer cores constituted purchases, petitioner agrees with respondent that if the Court were to find that such transactions were purchases, the term "merchandise purchased" in section 1.471-3(b), Income Tax Regs., includes raw materials purchased by a manufacturer, such as the customer cores purchased by Consolidated. However, petitioner contends that that regulation does not apply in determining the cost of the customer cores acquired by Consolidated because there was no invoice issued by any of Consolidated's customers and no invoice price for any of those cores. On the record before us, we reject petitioner's contention. We have found that at or about the time that a customer delivered a customer core to Consolidated, Consolidated prepared a sales invoice28 (viz, the customer core sales invoice) which identified the type and the number of customer cores of each type that each of its customers delivered to it. We find no significance for purposes of section 471 and section 1.471-3(b), Income Tax Regs., in the fact that it was Consolidated, and not its customers, that generated the customer core sales invoices. We also have found that the price which 28 Indeed, petitioner stipulated that the customer core sales invoice prepared by Consolidated was a "sales invoice". Attached to each customer core sales invoice was, inter alia, a completed copy of a request for core credit.Page: Previous 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 Next
Last modified: May 25, 2011