Load, Inc. - Page 12

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          are excepted from inventory and, alternatively, that by virtue of           
          its ownership and placement of model manufactured homes on the              
          retail sales lots ADI participates directly in the sales of the             
          manufactured homes to retail customers, and therefore that ADI’s            
          leased sales lots should be treated as “on-site” storage                    
          facilities and the various costs in dispute should be treated as            
          on-site storage costs that are excepted from inventory.                     
               Respondent argues that for ADI the costs in question do not            
          constitute deductible marketing, selling, or distribution costs,            
          and that (assuming the lot lease payments may be treated as                 
          storage costs) the lot lease payments do not constitute “on-site”           
          storage costs because the manufactured homes are sold by ADI to             
          the independent salespersons and not “exclusively” to retail                
          customers.                                                                  
               We first address ADI’s alternative argument.  As noted, the            
          applicable regulations relating to on-site storage costs                    
          expressly state that to be excepted from inventory treatment on-            
          site storage costs must relate to property sold by a taxpayer               
          “exclusively” to retail customers.  Sec. 1.263A-3(c)(5)(ii)(B),             
          Income Tax Regs.                                                            
               On the record before us and although ownership of the                  
          manufactured homes by the independent salespersons appears to be            
          brief and rather transitory, we are not prepared to overlook the            
          role of the independent salespersons who clearly have a                     






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