RACMP Enterprises, Inc. - Page 30




                                       - 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 the                  






Page:  Previous  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  Next

Last modified: May 25, 2011