- 16 - P.C. v. Commissioner, 113 T.C. 376 (1999). By regulation, the Secretary has determined that inventories at the beginning and end of each taxable year are necessary in every case in which the production, purchase, or sale of merchandise is an income-producing factor. The inventory should include all finished or partly finished goods and, in the case of raw materials and supplies, only those which have been acquired for sale or which will physically become a part of merchandise intended for sale, * * *. [Sec. 1.471-1, Income Tax Regs.; emphasis added.4] Therefore, a determination of whether the taxpayer produces, purchases, or sells "merchandise" is preliminary to any determination of whether the taxpayer must account for inventory. See Homes by Ayres v. Commissioner, 795 F.2d 832, 835 (9th Cir. 1986), affg. T.C. Memo. 1984-475. Neither the Internal Revenue Code (the Code) nor the regulations define "merchandise" or "inventory" or clearly distinguish between "materials and supplies" that are not actually consumed and remain on hand, and inventory. Wilkinson- Beane, Inc. v. Commissioner, supra at 354 (noting "the lack of any clearly pertinent definition of 'merchandise' in the relevant tax sources"); Osteopathic Med. Oncology & Hematology, P.C. v. Commissioner, supra at 382. Furthermore, the differences that distinguish supplies from merchandise are determined by context 4Completing the statutory and regulatory scheme, sec. 1.446- 1(c)(2)(i), Income Tax Regs., provides that a taxpayer that has inventory must also use the accrual method of accounting with regard to purchases and sales.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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