- 18 - J.P. Sheahan Associates v. Commissioner, T.C. Memo. 1992-239. Possession of title to goods, even if only for an instant, is sufficient to require a taxpayer to inventory the goods. Addison Distrib. Inc. v. Commissioner, T.C. Memo. 1998-289; Middlebrooks v. Commissioner, T.C. Memo. 1975-275; see also sec. 1.471-1, Income Tax Regs. Petitioner stipulated that it acquired the purchased wood. Petitioner stipulated that it sold the purchased wood it acquired. We have also found that petitioner bought and sold the wood it cut on land owned by unrelated entities. The terms of a typical contract between petitioner and a mill state: For the period and upon the terms and conditions hereinafter set forth, SELLER undertakes and agrees to sell and deliver unto PURCHASER, and PURCHASER undertakes and agrees to purchase and accept from SELLER, those certain quantities of pulpwood, sawtimber, poles and piling (herein called “wood”) as are hereinafter more particularly set forth and described. Petitioner obtains title to the wood before it sells it to the mills. See Me. Rev. Stat. Ann. tit. 11, sec. 2-401 (West 1995) (passage of title). For petitioner to purchase and resell the wood, title had to pass from the logger who cut the wood to petitioner and then from petitioner to the mill. See also Tebarco Mech. Corp. v. Commissioner, T.C. Memo. 1997-311. Petitioner’s income tax returns indicate that its product or service was “pulpwood and logs”. The logs are not consumed by petitioner in its business. Petitioner has not asserted thatPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
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