- 71 - II. Discussion A. Introduction I distill the following rule of law from the majority’s analysis: A taxpayer is not selling merchandise to customers when the material in question is integral to the provision of a service. See majority op. p. 15.2 The principal difficulty that I have with the test (the integral-to-service test) implicit in the majority’s rule is that it does not accommodate many of the factors that have proved useful in deciding whether the provider of a mix of goods and services is selling merchandise that is an income-producing factor. B. Traditional Factors For example, under the integral-to-service test, what role, if any, is left for the traditional inventory-determinative factors of ownership, risk, and relative cost? Under the integral-to-service test, is the fact that ownership of the materials vests in the taxpayer irrelevant? If not, how does that fact influence the determination of whether the materials are integral to the service? See Surtronics, Inc. v. Commissioner, T.C. Memo. 1985-277 (electroplator purchasing gold and silver to apply to customer’s components was required to 2The principal meaning of the word “integral” is “Essential or necessary for completeness; constituent”. American Heritage Dictionary 937 (3d ed. 1992). The word “integral” expresses nicely the concept of “indispensable and inseparable” that the majority lifts from Osteopathic Med. Oncology & Hematology, P.C. v. Commissioner, 113 T.C. 376 (1999).Page: Previous 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 Next
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