Golden Gate Litho - Page 15

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               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 lower                   







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Last modified: May 25, 2011