- 11 - In that case we found that the taxpayer, a company engaged in the laying of concrete and the installation of related items, such as sand, rock, wire mesh, and rebar, did not sell merchandise to its customers. Rather, relying on Osteopathic Med. Oncology & Hematology, P.C. v. Commissioner, 113 T.C. 376 (1999), we found that the concrete and related materials were supplies consumed by the taxpayer. In Osteopathic Med. Oncology & Hematology, P.C., we held that chemotherapy drugs furnished by a healthcare provider in treating cancer patients were supplies rather than merchandise because the taxpayer was a service provider and the drugs were an “integral and inseparable part of its service.” Id. at 384. Similarly, in RACMP Enters., Inc. v. Commissioner, supra, we held that the taxpayer was a service provider, and we found that the materials used in construction were not merchandise because they were “indispensable and inseparable from the service provided by” the taxpayer. Id. at 228. In conclusion, we held that because the taxpayer did not produce or sell merchandise, the taxpayer could not be required to use inventory accounting. See id. at 229. In the instant case, the concrete, stone, reinforcing steel, and other items (collectively, the materials) used by petitioner were not merchandise for the same reasons stated in RACMP Enters., Inc.: First, the materials lost their separate identity when used in a construction project. Second, petitioner did notPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011