- 15 - Merchandise should be included in the inventory only if title thereto is vested in the taxpayer. Accordingly, the seller should include in his inventory goods under contract for sale but not yet segregated and applied to the contract * * *, but should exclude from inventory goods sold * * * title to which has passed to the purchaser. A purchaser should include in inventory merchandise purchased (including containers), title to which has passed to him, although such merchandise is in transit or for other reasons has not been reduced to physical possession, but should not include goods ordered for future delivery, transfer of title to which has not yet been effected. * * * Petitioner holds title to goods until they are shipped to the purchaser and bills the customer after the order is shipped. Therefore, petitioner does not hold title to work in process for jobs completed and shipped and work in process for jobs ready to bill. Under the regulations, such goods are not properly included in valuing petitioner's inventory, and it was improper for respondent to do so. b. Respondent's Use of Estimated Market Value "The bases of valuation most commonly used by business concerns and which meet the requirements of section 471 are (1) cost and (2) cost or market, whichever is lower." Sec. 1.471- 2(c), Income Tax Regs. Section 1.471-4(c), Income Tax Regs., provides: Where the inventory is valued upon the basis of cost or market, whichever is lower, the market value of each article on hand at the inventory date shall be compared with the cost of the article, and the lowerPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011