- 38 - supra at 377.13 It is clear from petitioner's billing procedure and the operation of its construction activity that the materials were used up before they were paid for by the developer and before petitioner reported their expense. Therefore, petitioner had no opportunity to report as an expense any materials that may have been delivered to a job site before the close of its taxable year but not yet used. As was the case in Osteopathic Med. Oncology & Hematology, P.C. v. Commissioner, supra, the notice of deficiency is worded broadly as to the specific basis for respondent's determination that the cash method does not clearly reflect petitioner's 13According to the typical bid worksheet, the only factors in petitioner's income are materials, labor, and profit. On the worksheet the total materials cost is $927.39, and the labor cost is $477. Therefore, typically the cost of labor as a percentage of the total materials cost is 51.46 percent. The total cost of all items purchased in the taxable year at issue was $993,777. Thus, the associated labor cost may be estimated as approximately $511,360. The sum of these amounts is $1,505,137. Petitioner received $1,564,045 in gross receipts for the year at issue and reported $64,806 as taxable income. The difference between the gross receipts and the sum of the materials and the approximate cost of labor is $58,908; this amount is very close to the amount petitioner reported as income. The profit percentage varied depending on the job, but it was usually between 10 and 20 percent. The difference between the amount of income as calculated above and the amount reported by petitioner is probably attributable to the different profit percentages charged by petitioner for jobs of different levels of complexity. Thus, the "typical" profit of 15 percent is a rough average of the various profit percentages actually charged. Therefore, petitioner's method of accounting clearly reflected the amounts that it actually received and the actual costs incurred to perform the work.Page: Previous 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Next
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