RACMP Enterprises, Inc. - Page 34




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          sale, and there simply was no sale of merchandise between                   
          petitioner and its clients.  See Osteopathic Med. Oncology &                
          Hematology, P.C. v. Commissioner, supra; Honeywell, Inc. v.                 
          Commissioner, supra.                                                        
               C.  Income-Producing Factor                                            
               Respondent may require petitioner to use an inventory method           
          of accounting only if we find each of the following as facts:               
          (1) Petitioner produced, purchased, or sold merchandise, and (2)            
          petitioner’s production, purchase, or sale of that merchandise              
          was an income-producing factor.  See Osteopathic Med. Oncology &            
          Hematology, P.C. v. Commissioner, supra; Honeywell, Inc. v.                 
          Commissioner, supra.  Section 1.471-1, Income Tax Regs., does not           
          provide that any material that is an income-producing factor is             
          ipso facto merchandise.  We have found that petitioner does not             
          produce, purchase, or sell merchandise; therefore, whether the              
          material is an income-producing factor is irrelevant.  See                  
          Osteopathic Med. Oncology & Hematology, P.C. v. Commissioner,               
          supra.                                                                      
               Accordingly, we find that petitioner is not required to use            
          an inventory method of accounting.                                          
          Issue 2.  Whether Respondent Abused His Discretion in Determining           
                    That Petitioner's Use of the Cash Method of Accounting            
                    Did Not Clearly Reflect Its Income                                
               "'The cash method of accounting has been widely used                   
          throughout the contracting industry and accepted by respondent              






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