- 18 - primarily for sale, use inventories. See W.C & A.N. Miller Dev. Co. v. Commissioner, 81 T.C. 619, 630 (1983); Atlantic Coast Realty Co. v. Commissioner, 11 B.T.A. 416, 419-420 (1928). As indicated by the legislative history, Congress intended the section to apply to manufacturing and merchandising concerns.5 In Osteopathic Med. Oncology & Hematology, P.C. v. Commissioner, supra, we held that where the inherent nature of the taxpayer's business is that of a service provider, and the taxpayer uses materials that are an indispensable and inseparable 5The original authority for the use of inventories is contained in Revenue Act of 1918, ch. 18, sec. 203, 40 Stat. 1057, 1060. Sec. 203 of that Act is almost identical to section 471. In proposing this legislation, the Committee on Ways and Means explained: In many cases the only way that the net income can be determined is through the proper use of inventories. This is largely true in the case of manufacturing and merchandise concerns. The bill authorizes the Commissioner to require inventories whenever in his opinion the same is necessary in order to clearly reflect the income of the taxpayer. [H. Rept. 767, 65th Cong., 2d Sess. 88 (1918), 1939-1 C.B. (Part 2) 86, 89.] See Seidman, Seidman's Legislative History of Federal Income Tax Laws 1938-1861, at 900 (1953). Pursuant to the authority vested in him by statute, the Commissioner, with the approval of the Secretary, promulgated Art. 1581 of Regulations 45 under the Revenue Act of 1918, which essentially is the same as sec. 1.471-1, Income Tax Regs. See Regs. 62, art. 1581; Sec. 29.22(c)-1, Regs. 111 (1944); see also Burroughs Adding Mach. Co. v. Commissioner, 9 B.T.A. 938, 940 (1927) (Art. 1581 of Regulations 62 contains the same language as Art. 1581 of Regulations 45); Galedrige Constr., Inc. v. Commissioner, T.C. Memo. 1997-240 (sec. 1.471-1, Income Tax Regs., contains the same language as Regs. 111, sec. 29.22(c)-1).Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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