RACMP Enterprises, Inc. - Page 45




                                       - 45 -                                         
          either event, there is no specific evidence that the suppliers of           
          sand, gravel, re-bar, anchor bolts and rods, expansion anchors,             
          holddowns, straps, and piping for sewer and drainage were paid by           
          a separate check from the developer.  To the contrary, sand and             
          gravel were ordered periodically and delivered to the job site              
          and used over a period of time.  The record also confirms that              
          re-bar, anchor bolts and rods, expansion anchors, holddowns,                
          straps, and piping for sewer and drainage were periodically                 
          ordered in bulk and taken as needed from a standing supply that             
          was maintained in a large metal storage container at petitioner’s           
          place of business and transported to job sites on a regular                 
          basis.  Petitioner did not show the amount of sand and gravel at            
          job locations as of the end of the taxable period.  Nor did                 
          petitioner show the amount of other materials stored in the metal           
          container or at the job site as of the end of the taxable period.           
          In addition, petitioner had work in progress (finished concrete             
          structures) for which components were deducted, but the final               
          payment may not have been received.  Again, petitioner made no              
          showing of the amount or status of paid-for materials contained             
          in work in progress at the close of its taxable year.                       
               The majority also attempts to show that the amount of sand             
          and gravel and other materials on hand at the end of the taxable            
          year was de minimis by surmising that the percentage cost of                
          those items reflected in the final product was smaller than the             
          percentage of labor or concrete.  But that in no way shows the              




Page:  Previous  35  36  37  38  39  40  41  42  43  44  45  46  47  48  49  50  51  52  53  54  Next

Last modified: May 25, 2011