Hospital Corporation of America and Subsidiaries - Page 5

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          Memphis, Tennessee.                                                         
               Petitioners' primary business is the ownership, operation,             
          and management of hospitals.  A detailed description of                     
          petitioners' hospital operations is set forth in Hospital Corp.             
          of America v. Commissioner, T.C. Memo. 1996-105, which will not             
          be reiterated here.  Our findings of fact contained in that                 
          Memorandum Opinion are incorporated herein.  For clarity, some of           
          our findings of fact pertinent to the issue involved in the                 
          instant opinion are repeated below.                                         
               For the years ended 1979 through 1986, petitioners operating           
          hospitals used either a hybrid or an overall accrual method of              
          accounting for reporting income for tax purposes.  Additionally,            
          for those years some petitioners operating nonhospital businesses           
          used the cash method for reporting income for tax purposes.  In             
          Hospital Corp. of America v. Commissioner, supra, we held that              
          petitioners' use of the hybrid method for the hospitals was                 
          appropriate for the years ended 1981 through 1986, particularly             
          in view of the hospitals' operations.                                       
               For the consolidated return filed for the year ended 1987,             
          pursuant to section 448,3 petitioners not employing an overall              
          accrual method for computing taxable income for the years ended             

          3  Sec. 448, which was added to the Internal Revenue Code by                
          sec. 801 of the Tax Reform Act of 1986, Pub. L. 99-514, 100 Stat.           
          2345, provides generally that, with certain exceptions not                  
          applicable in the instant case, a C corporation, a partnership              
          that has a C corporation as a partner, or a tax shelter may not             
          use the cash method of accounting to compute taxable income.                




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