- 22 - (2d Cir. 1972) (when service predominates, the incidental sale of items of personal property does not alter the basic transaction.); Aced v. Hobbs-Sesack Plumbing Co., supra at 580; Filmservice Labs., Inc. v. Harvey Bernhard Enters., 256 Cal. Rptr. 735, 738 (1989); Alonzo v. Chifici, 526 So. 2d 237, 241 (La. Ct. App. 1988) (in applying a "value test" to determine whether the labor expended in constructing the item, or the materials incorporated therein, constitute the principal value of the contract, it is clear that building or construction contracts involve primarily the furnishing of labor and contractual skills). Material may be either merchandise or supplies depending upon whether it is held for sale or consumed in performing a service. The differences that distinguish a supply material from a merchandise material are determined by context. Thus, the same material in different contexts may be either an inventory item or a supplies item. For instance, although the paper and ink used to prepare blueprints are inventory in the hands of the paper and ink manufacturers, they are supplies in the hands of an architect. See, e.g., sec. 1.263A-2(a)(2)(ii)(B)(2), Income Tax Regs. (the cost of materials used by an architect to prepare blueprints provided to clients may be deducted as an expense because the blueprints are de minimis and incident to the provision of service). This is so even though the architectPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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