- 30 - 1.471-1, Income Tax Regs. Consequently, petitioner is not a manufacturer of merchandise or a merchandising concern, nor engaged otherwise in a "merchandising" activity. Because petitioner does not produce or sell merchandise, petitioner is not engaged in a business activity that requires the maintenance of an inventory. See Homes by Ayres v. Commissioner, supra. Mr. Martinez, a corporate officer and shareholder of petitioner, testified that the only material left over at the completion of a job is a small pile of sand or gravel. Although Mr. Martinez' testimony may be regarded as self-serving, in this case it is consistent with the objective evidence. The operation of petitioner's construction activity required it to use most of the materials at the time they were delivered to the construction site. The stipulations and other evidence show that materials required to perform the work were ordered from the suppliers and delivered to the job site, where they were incorporated almost immediately into the real property improvements. Each material supplier sent the real property developer a preliminary lien notice for the materials delivered to the site. Petitioner submitted its invoice and lien releases to the real property developer for the materials used to complete its work at each residential lot. The developer paid for the cost of the materials that had been used in completing thePage: Previous 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 Next
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