Westpac Pacific Foods - Page 15




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               Petitioner reads section 1.471-3(b), Income Tax Regs.,                 
          beyond its proper scope.8  As confirmed by a later portion of the           
          regulation, the import of section 1.471-3(b), Income Tax Regs.,             
          is that a taxpayer's inventory cost includes only the net amount            
          paid by the taxpayer for goods that the taxpayer has acquired:              
          “To this net invoice price should be added transportation or                
          other necessary charges incurred in acquiring possession of the             
          goods.”  Sec. 1.471-3(b), Income Tax Regs. (emphasis added).                
          Accordingly, the “discount” to which section 1.471-3(b), Income             
          Tax Regs., refers arises contemporaneously with the purchase of             
          specific goods as inventory and is subtracted from their invoice            
          price to determine their cost.  The term does not include cash              
          payments that the seller or manufacturer of goods paid to Westpac           
          in exchange for Westpac's  agreement to purchase goods from the             
          same vendor in the indefinite future and to not purchase                    
          competing brands from other suppliers.  Cf. Harkins v.                      
          Commissioner, T.C. Memo. 2001-100.  Based on the evidence,                  
          petitioner has failed to show that Westpac received the payments            
          concurrently with its purchase of specific goods in inventory and           
          that they are properly allocable as trade discounts off the                 



               8  Petitioner's argument under this regulation is further              
          undermined by the fact that Westpac failed to account for what it           
          considered to be the earned portions of the advance trade                   
          discounts as reductions to its cost of goods sold on its 1990               
          income tax return.                                                          





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