RACMP Enterprises, Inc. - Page 71




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          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).                                       



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