RACMP Enterprises, Inc. - Page 22




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          (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 architect                






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