- 60 - question of Federal taxation, petitioner passed on the charges for sales tax on all materials that were used in making the walkways and driveways. No sales tax was charged on the labor. The costs of the product sold included about two-thirds materials and one-third labor. More importantly, we cannot consider the Federal laws as being subservient to or dependent upon State sales tax statutes. That would likely cause differing results depending on the sales tax law and rulings in each State. Although we might look to State law to determine the ownership of property, we must apply the Federal tax statutes uniformly in accord with our mandate. (c) Galedrige Constr., Inc. v. Commissioner, T.C. Memo. 1997-240, Should Not Be Applied in This Case and Is Incorrect as a Matter of Law--Galedrige Constr., Inc., is relied on by petitioner and is foundational to the majority’s conclusion that liquid concrete is “the only form of the material that provided any value to * * * [petitioner, and it is] ‘used up’ or consumed in providing service to the * * * [petitioner’s] client.” Majority op. p. 25. From that premise, the majority reaches the ultimate conclusion that the material has been consumed in the performance of a service and that it is a supply and not merchandise held for sale.5 Assuming, arguendo, that Galedrige 5 For purposes of comparison, the parties in this case stipulated that the lumber that was used to construct the forms and was removed from the final product and sometimes reused was a supply and not merchandise. We note that the lumber constituted approximately 1 percent of the cost of the materials.Page: Previous 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 Next
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