- 4 - In performing its paving contracts, petitioner takes delivery of the asphalt when its temperature is between 300 and 320 degrees Fahrenheit. If the asphalt is not on the ground and rolled by the time it is 150 degrees, it can no longer be used. Under normal circumstances, the window of opportunity is approximately 3 hours. Petitioner has approximately 100 to 150 jobs or contracts per year of varying size and complexity. Generally, petitioner does not get paid until it completes a job. When a job is finished, petitioner bills the customer and requires payment typically within 30 days. OPINION Respondent determined that for the taxable years 1990, 1991, and 1993,2 petitioner's asphalt was merchandise that was an income-producing factor, that petitioner therefore had inventories, and thus it must use the accrual method of accounting in order to clearly reflect taxable income. The principal issue for decision is whether it was an abuse of respondent's discretion to require petitioner to change from the cash method of accounting to the accrual method of accounting. Subsumed in this issue is the question of whether 2 Although the statutory notice of deficiency in the instant case covered 1987, 1988, 1990, 1991, and 1993, respondent did not change petitioner's method of accounting for 1987 and 1988.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011