- 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 wasPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011