- 19 - part of the rendering of its services, the materials are not "merchandise" under section 1.471-1, Income Tax Regs. Petitioner is inherently a service provider. Petitioner's clients, real property developers, engage petitioner to complete foundations, driveways, and walkways. It is the general rule in this country for most areas of the law (including the Uniform Commercial Code (UCC), the Uniform Sales Act (USA), State sales tax laws, the statute of frauds, and the Robinson-Patman Antidiscrimination Act) that a contractor is the consumer of materials and a supplier of services, not the seller of personal property; the courts have invariably found construction contracts that provide for the furnishing of labor and materials to constitute agreements for work, labor, and services rather than the sale of goods. For example, under the UCC, a highway construction contract requiring a construction company to furnish gravel and other road building materials in the quantities specified and to turn over to the Commonwealth of Massachusetts a completed highway was a contract for work and labor and not a contract for the sale and purchase of personal property. See Saugus v. B. Perini & Sons, Inc., 26 N.E.2d 1, 3-4 (Mass. 1940). The main objective of a contract to construct a horse barn, which required the provision of materials, was the construction of the barn, not the sale of goods. See Hunter's Run Stables, Inc. v. Triple H Constr. Co.,Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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