RACMP Enterprises, Inc. - Page 74




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          swimming pools.  We found the physical construction process                 
          utilized by the taxpayer to be as follows:                                  
               The layout site was excavated including dynamiting or                  
               other special techniques if necessary.  The plumber                    
               installed the filter, pump, motor, and the skimmer.                    
               Steel reinforcing bars were used to form a metal basket                
               to fit the excavation and form the shape of the pool.                  
               Wiring was then added to the pool site.  The necessary                 
               electrical work was done before the concrete was                       
               poured, covering the steel, plumbing and electrical                    
               work.  Tile was placed around the pool surface and the                 
               deck around the pool was constructed.  Final details of                
               construction were the cleanup of the pool area, setting                
               of the turbos, and plastering of the pool.  Equipment                  
               needed to service the pool was then delivered to the                   
               pool site and the operation of the pool was explained                  
               to the customer.  [Id.; emphasis added.]                               
                                                                                     
          We also found:  “Although most supplies came from the warehouse,            
          some materials such as concrete and tile were purchased for                 
          specific contracts and normally delivered directly to the pool              
          site.”  (Id.; emphasis added.)                                              
               The question before us was whether the taxpayer could use              
          the LIFO method for its inventory of partially completed swimming           
          pools.  The taxpayer overcame the argument that the completed               
          contract method precluded the use of LIFO, as well as the                   
          argument that the swimming pools were not inventory because they            
          constituted improvements to land.  We held that inventories are             
          necessary in order to reflect taxable income correctly in every             
          case in which the sale of merchandise is an income-producing                
          factor, citing Wikstrom &  Sons, Inc. v. Commissioner, 20 T.C.              
          359 (1953), for the proposition that inventories are required               
          when merchandise is produced in accordance with customer                    




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