Consolidated Manufacturing, Inc., M. P. Long Living Trust, Merl Philip Long, Trustee, Tax Matters Person - Page 81

                                        -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.                                




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