- 12 - chemotherapy drugs are merchandise. See Wilkinson-Beane, Inc. v. Commissioner, supra; Honeywell Inc. v. Commissioner, supra; sec. 1.471-1, Income Tax Regs. The statute and regulations do not define the words “merchandise” or “inventory”, nor do they clearly distinguish between "inventory" and “materials and supplies” that are not actually consumed and remain on hand. We have held that “merchandise”, as used in section 1.471-1, Income Tax Regs., is an item acquired and held for sale. See Wilkinson-Beane, Inc. v. Commissioner, T.C. Memo. 1969-79. Upon appeal, the Court of Appeals for the First Circuit agreed, stating: A canvassing of authorities in the accounting field yields several definitions, such as “goods purchased in condition for sale,” “goods awaiting sale,” “articles of commerce held for sale,” and “all classes of commodities held for sale.” Clearly, the meaning of the term must be gathered from the context and the subject. * * * The common denominator, however, seems to be that the items in question are merchandise if held for sale. [Wilkinson-Beane, Inc. v. Commissioner, 420 F.2d at 354-355; citations omitted.] Whether an item is acquired and held for sale is governed by the substance of the transaction and not its form. See Honeywell Inc. v. Commissioner, supra. We take into account the particular facts and circumstances of the taxpayer in each case and the manner and context in which the taxpayer operates the business at hand. See Wilkinson-Beane, Inc. v. Commissioner, supra; Thompson Elec., Inc. v. Commissioner, T.C. Memo. 1995-292; Honeywell Inc. v. Commissioner, supra; J.P. Sheahan Associates, Inc. v.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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