- 78 - peas, carrots, truffles, and boeuf being integral to that service? What about the proliferation of dot.com businesses, whose added value is generally some service, such as the ability to shop at home for merchandise, such as books or music, that used to require a trip to the store? I fear that our new rule may be misunderstood.3 III. Conclusion Leslie J. Schneider, in his treatise, Federal Income Taxation of Inventories, writes: “Notwithstanding the fact that the inventory issue is raised in a variety of contexts, the issue is resolved by a consideration of the same basic question-–is the production, purchase or sale of merchandise an income-producing factor?" Schneider, supra at 1-12. I would take into account the traditional factors to determine whether petitioner’s method of accounting clearly reflects its income. For many of the reasons stated by Judge Gerber, I would conclude that it does not. COHEN, RUWE, GERBER, and THORNTON, JJ., agree with this dissenting opinion. 3Indeed, I am not that sure how well the majority understands it. The majority’s discussion of the integral relationship of the materials to petitioner’s service relies on an old-style factor analysis. Judge Gerber, in his dissent, does a good job of criticizing that analysis.Page: Previous 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78
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