Legal Opinion

RACMP Enters. v. Commissioner

United States Tax Court

Decided March 30, 2000No. 23954-97Published

P is a construction contractor that enters into contracts to construct, place, and finish concrete foundations, driveways, and walkways for real property developers. P uses the cash method to recognize income and to expense the cost of concrete and other materials. R determined that the material P uses in providing service to its clients is "merchandise" under sec. 1.471-1, Income Tax Regs., and that P must report its income on the accrual method of accounting.

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P is a construction contractor that enters into contracts to construct, place, and finish concrete foundations, driveways, and walkways for real property developers. P uses the cash method to recognize income and to expense the cost of concrete and other materials. R determined that the material P uses in providing service to its clients is "merchandise" under sec. 1.471-1, Income Tax Regs., and that P must report its income on the accrual method of accounting. HELD: P's contract to provide labor and material to a real property developer is a contract to provide service, and the material is…

1Opinion of the Court

RACMP ENTERPRISES, INC., Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent

RACMP Enters. v. Commissioner

No. 23954-97

United States Tax Court

114 T.C. 211; 2000 U.S. Tax Ct. LEXIS 21; 114 T.C. No. 16;

March 30, 2000, Filed

Decision will be entered for Petitioner.

P is a construction contractor that enters into contracts

to construct, place, and finish concrete foundations, driveways,

and walkways for real property developers. P uses the cash

method to recognize income and to expense the cost of concrete

and other materials. R determined that the material P uses in

providing service to its…

Also in this document: Dissent · Gerber; Dissent · Halpern.

2Cases cited61 opinions

  1. Lucas v. American Code Co.Supreme Court of the United States · 1930
  2. Thor Power Tool Co. v. CommissionerSupreme Court of the United States · 1979
  3. Commissioner v. HansenSupreme Court of the United States · 1959
  4. Aced v. Hobbs-Sesack Plumbing Co.California Supreme Court · 1961
  5. McCaughn v. LudingtonSupreme Court of the United States · 1925

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