RACMP Enterprises, Inc. - Page 38




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          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.                                         





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