Cross Oil Company, Inc. - Page 9




                                        - 9 -                                         
          income-producing factor.  That standard requires comparison of              
          the cost of the merchandise to the taxpayer’s gross receipts                
          computed under the cash method of accounting.  See Wilkinson-               
          Beane, Inc. v. Commissioner, 420 F.2d 352, 355 (1st Cir. 1970),             
          affg. T.C. Memo. 1969-79; Knight-Ridder Newspapers, Inc. v.                 
          United States, 743 F.2d at 790; Euw v. Commissioner, T.C. Memo.             
          2000-114.                                                                   
               If the cost of material that a taxpayer uses to provide a              
          service is substantial compared to its receipts, the material               
          is a substantial income-producing factor.  See Wilkinson-Beane,             
          Inc. v. Commissioner, supra at 355 (income-producing factor                 
          where the cost of the coffin was included in price of funeral               
          package and represented 15.4 percent and 14.7 percent of cash               
          basis receipts); Knight-Ridder Newspapers, Inc. v. United                   
          States, supra at 790 (17.6 percent of total cash receipts                   
          suggests that supplies are an income-producing factor);                     
          Thompson Elec., Inc. v. Commissioner, T.C. Memo. 1995-292                   
          (income-producing factor where cost of materials consisted of               
          37 percent to 44 percent of gross receipts).                                
               Petitioner’s business operations consisting of the sale                
          and delivery of merchandise are similar to the facts presented              
          in Euw v. Commissioner, supra.  In Euw, the taxpayer operated a             
          sand and gravel transportation business that acquired and                   
          delivered sand and gravel to its customers during the same                  
          business day.  The cost of sand and gravel constituted                      
          31 percent of the taxpayer’s gross receipts.  The taxpayer was              



Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next

Last modified: May 25, 2011