RACMP Enterprises, Inc. - Page 78




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          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.                                    



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