RACMP Enterprises, Inc. - Page 56




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          customers.  That statement is contrary to existing case law.  It            
          is well established that the length of time the goods are held              
          does not have a bearing on whether they are merchandise/                    
          inventory.                                                                  
               Even if the taxpayer possessed title to the goods for an               
          instant, it is sufficient to require a taxpayer to inventory the            
          goods as the stock in trade.  See Addison Distrib., Inc. v.                 
          Commissioner, T.C. Memo. 1998-289; Middlebrooks v. Commissioner             
          T.C. Memo. 1975-275.  In Addison Distrib., Inc., the taxpayer had           
          electronic materials for a very short period (for inspection                
          purposes), and then it forwarded the materials to the customer.             
          In Addison Distrib., Inc., it was held that the taxpayer should             
          be required to account for inventory and be on the accrual method           
          even though it appeared unlikely that there would be any                    
          inventory on hand at the end of an accounting period.  In another           
          case involving a taxpayer in the construction industry, it was              
          held that inventories were required, and the accrual method                 
          should be used even though the materials were shipped directly to           
          job sites, and no substantial amounts of materials were                     
          inventoried at the taxpayer’s warehouse.  See Tebarco Mechanical            
          Corp. v. Commissioner, T.C. Memo. 1997-311 (involving a plumbing,           
          heating, and air-conditioning contractor who was generally                  
          involved in commercial construction projects).                              
               Considering the above-cited cases, it is hard to understand            
          the majority’s point or distinction in emphasizing that inventory           




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