RACMP Enterprises, Inc. - Page 46




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          amount that petitioner may have had on hand at the end of the               
          taxable period.  The invoices for the sand and gravel and other             
          materials show periodic purchases in the tens of thousands of               
          dollars.  Accordingly, sufficiently large quantities of these               
          items may have been on hand at any particular time, including the           
          end of the taxable year.  Petitioner was constructing                       
          foundations, sidewalks, and driveways in large subdivisions, so             
          it is likely that at any particular time petitioner maintained a            
          relatively large quantity of sand and gravel at the job site.               
          Petitioner has provided no specific evidence as to the amount of            
          these items on hand or that they were, in fact, without a                   
          significant effect on the amount of income that would have been             
          reported under the accrual method.  The majority accepts, without           
          any corroboration, testimony that the amount of sand and gravel             
          on hand was small.  Petitioner, however, kept no records of the             
          inventory of sand, gravel, and other materials on hand and was              
          not able to show the amount of materials on hand.  Considering              
          the heavy burden imposed here, a taxpayer should not be able to             
          show that respondent’s determination was arbitrary by the simple            
          expedient of stating that any difference in accounting method is            
          “small”.  Petitioner paid the suppliers for these items, and                
          accordingly they were contained in petitioner’s “cost of goods              
          sold” shown on the return.  It should also be noted that                    
          petitioner included the cost of the concrete in its cost of goods           
          sold and that hardened concrete existed in the form of work in              




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