RACMP Enterprises, Inc. - Page 31




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          improvements by checks made out to each supplier and petitioner             
          as joint payees, which petitioner forwarded to each material                
          supplier.  The joint checks were not deposited in petitioner's              
          bank account.                                                               
               Therefore, the materials were used up before petitioner sent           
          its invoice and the lien releases for the completed work to the             
          developer, before the developer paid for the materials, and                 
          before petitioner recorded the materials expense.                           
               Respondent makes much of the fact that, unlike the concrete,           
          small amounts of some of the materials may have been left over              
          after the job.  Respondent argues that these materials could have           
          been loaded onto petitioner's truck and moved to another job site           
          or stored in its equipment yard.  It is clear from the facts that           
          no concrete was left over, and any leftover sand or gravel was              
          abandoned onsite upon the completion of each job, as the expense            
          of moving it would have exceeded its cost; moreover, only an                
          insignificant amount of any of the other material could have been           
          left over.  Cf. J.P. Sheahan Associates, Inc. v. Commissioner,              
          T.C. Memo. 1992-239 (roofing materials and supplies remaining at            
          the close of a job are returned to the supplier for credit).                
               The parties stipulated that petitioner kept some of the                
          hardware items in the storage container at its place of business.           
          Since the total cost of all the hardware items was approximately            
          5 percent of the total cost of a typical contract, and all the              






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