Osteopathic Medical Oncology and Hematology, P.C. - Page 32




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          inventories under section 471.  They are not held for sale in the           
          ordinary course of business.”  Gertzman, Federal Tax Accounting             
          3-55 (2d ed. 1993) (Gertzman).                                              
               The regulation says that materials and supplies cannot be              
          currently expensed unless four tests are met:  (1) They are                 
          “incidental”; (2) no record of consumption is kept; (3) no                  
          physical inventories are taken at the beginning and end of the              
          year; and (4) income is clearly reflected.  Petitioner in this              
          case would appear to flunk the first three tests: (1)                       
          Chemotherapy drugs transmitted to patients in the course of                 
          petitioner’s rendering of medical services are a substantial                
          portion of petitioner’s gross receipts and are a material income            
          producing factor, as evidenced by the markups shown in                      
          petitioner’s billing records; and (2) and (3) records of                    
          consumption and of supplies on hand at yearend are kept; indeed             
          such records seem to be required by Medicare.  However, as to               
          (4), respondent has not made a stand-alone clear-reflection-of-             
          income determination, having chosen to rely solely on the                   
          presence of merchandise requiring inventories as compelling                 
          automatic adoption of the accrual method of accounting, the                 
          position that we have rejected.                                             
               In other cases of service providers, such as small                     
          contractors in the construction industry, an adjustment treating            
          yearend supplies as deferred expense might very well be                     





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