- 34 - 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 respondentPage: Previous 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Next
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