RACMP Enterprises, Inc. - Page 43




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          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 that                




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Last modified: May 25, 2011