- 12 - contract to sell the materials but rather contracted to provide finished walkways, repaired streets, and the like. Third, the construction projects that petitioner engaged in were improvements to real property. Fourth, petitioner did not leave any of the materials on the construction site, or store them for use for a later project. See id. at 228-231. Given our recent holding in RACMP Enters., Inc., and the indistinguishable facts of the instant case, we hold that petitioner was not engaged in the production or sale of merchandise. Therefore, petitioner cannot be required to use inventories, and the Commissioner abused his discretion in requiring petitioner to change from the cash method of accounting. To reflect the foregoing, Decision will be entered for petitioner.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12
Last modified: May 25, 2011