RACMP Enterprises, Inc. - Page 57




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          and/or merchandise must be held for sale in addition to being               
          merely sold.  There is no question here that petitioner                     
          contracted to purchase the concrete, sand, gravel, concrete, re-            
          bar, anchor bolts and rods, expansion anchors, holddowns, straps,           
          and piping for sewer and drainage.  Some of those items were                
          inventoried at petitioner’s place of business, some were stored             
          at the customer’s job site (sand and gravel).  The concrete,                
          however, was ordered by petitioner in a contract relationship               
          between petitioner and a supplier.  Petitioner controlled the               
          ordering of the concrete, its time of delivery, pouring, and                
          placement.  Finally, although the concrete hardened in place,               
          petitioner remained responsible for any risk of loss until the              
          developer/customer accepted the finished product.                           
               By way of analogy, some contractors precast and sell large             
          concrete structures that are transported from the contractors’              
          place of business to the buyers’ job sites.  Would the majority             
          hold that such a precast product is not merchandise?  Should the            
          place of casting the concrete dictate a taxpayer’s choice of                
          accounting method?  In either case, the contractor is purchasing            
          the materials, casting the concrete shape (incorporating the so-            
          called hardware), then marking up the material and labor, and               
          selling it to the end user.  Should there be a difference between           
          contractors who provide electrical, plumbing, heating, air                  
          conditioning services and/or materials and those who provide                
          other structural components (e.g., concrete)?                               




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Last modified: May 25, 2011