- 13 - Accord Applied Communications, Inc. v. Commissioner, T.C. Memo. 1989-469 (seller of prepackaged software required to use accrual method to report its “software sales”). Petitioner invites the Court to hold that Diehl’s primary product was not “merchandise” under section 1.471-1, Income Tax Regs., because it was intellectual property. We decline to do so. Each of Diehl’s products generally consisted of a package with manuals and a disk. We believe that where this package is held for sale as an item and imbued with the characteristics which one normally associates with merchandise, it is “merchandise” for purposes of section 1.471-1, Income Tax Regs. Given the fact that most of Diehl’s sales involved transfers of tangible products, the purchase and sale of those products required Diehl, on the basis of the record at hand, to use an overall accrual method as determined by respondent.5 Petitioners’ final argument centers on the fact that Diehl changed from the cash method to an accrual method 2 years after the subject year in order to comply with section 448(a). Petitioner rationalizes on brief that requiring the change in the subject year is “unreasonable, offering no practical benefit to 5 The fact that Diehl’s business is product oriented, rather than service oriented, also distinguishes this case from Honeywell v. Commissioner, T.C. Memo. 1992-453, affd. 74 AFTR 2d 5192 (8th Cir. 1994), the primary case relied upon by petitioner. There, the Court held that the taxpayer, a servicer of computer equipment, did not have to inventory the materials which it used in its businesses because those materials were incidental to its service-oriented business. See also Osteopathic Med. Oncology & Hematology, P.C. v. Commissioner, 113 T.C. 376 (1999).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011