- 43 - focuses upon the wet concrete and unincorported materials. However, the record, when considered in its entirety, supports the conclusion that petitioner contracted to produce a finished product (sidewalks, driveways, and foundations). Equally important, petitioner has not shown the amounts of materials and/or work in progress that remained on hand at the end of the taxable period. Nor has petitioner shown that its accounting method clearly reflected income. The majority accepts petitioner’s conjectural, uncorroborated, and admittedly “self- serving” statement that there were little materials left when a job was completed. Even if that statement is correct, petitioner’s taxable period did not necessarily or likely end at the exact time petitioner’s job(s) ended. Therefore, petitioner has failed to show the amount of materials on hand at the close of the taxable year. The majority uses conjecture and draws inferences from the record to reach the conclusion that there was no inventory on hand and/or that it would not have had a material effect on petitioner’s income. Such an approach falls far short of the showing that an inventoriable amount of materials was or was not on hand at the close of its taxable year. The majority paints an image in which petitioner could be viewed as merely providing a service and consuming concrete and supplies incidental to providing that service. Although the record does confirm that petitioner is in a service-oriented business, the overwhelming weight of the evidence shows thatPage: Previous 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Next
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