- 23 - purchases the paper and ink from a manufacturer, the architect's sale of services and materials to his or her clients includes the paper and ink, and the clients purchase the blueprints from the architect. The essence of the architect's business is providing the service of designing buildings, not the sale of blueprints. Cf. Knight-Ridder Newspapers, Inc. v. United States, 743 F.2d 781 (11th Cir. 1984) (paper and ink held by newspaper publisher for use in producing newspapers for sale to customers is inventory). We hold that the inherent nature of petitioner's business is that of a service provider. Accordingly, we must determine whether the materials petitioner uses are an indispensable and inseparable part of rendering its services. A. The Liquid Concrete Petitioner relies upon our decision in Galedrige Constr., Inc. v. Commissioner, T.C. Memo. 1997-240, for its argument that the materials are not merchandise. We agree that the rationale of Galedrige applies to the liquid concrete in this case. In construing the word "merchandise" in Galedrige, we applied the rule that "'the natural and ordinary meaning of the words used will be applied * * * unless the Congress has definitely indicated an intention that they should be otherwise construed'". Wilkinson-Beane, Inc. v. Commissioner, supra at 354 (quoting Huntington Sec. Corp. v. Busey, 112 F.2d 368, 370 (6th Cir. 1940)). In Galedrige Constr., Inc., for the first time,Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
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