Hospital Corporation of America and Subsidiaries - Page 53

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               Respondent’s acquiescence in petitioners’ use of the hybrid            
          method and the hybrid method as modified or as further modified             
          over four consecutive audit cycles to compute taxable income of             
          the applicable hospitals, while not binding on respondent, under            
          the circumstances of the instant case is a factor in petitioners’           
          favor.  See Klein Chocolate Co. v. Commissioner, 36 T.C. 142                
          (1961); Geometric Stamping Co. v. Commissioner, 26 T.C. 301                 
          (1956); see also Public Service Co. v. Commissioner, 78 T.C. 445,           
          456 (1982).  Another favorable factor is the overwhelming                   
          acceptance of the cash method of accounting in the health care              
          industry.  See Public Service Co. v. Commissioner, supra; Madison           
          Gas & Electric Co. v. Commissioner, 72 T.C. 521, 556 (1979),                
          affd. 633 F.2d 512 (7th Cir. 1980).  Additionally, petitioners’             
          hospitals are in the health care industry, which is primarily a             
          service industry.  See St. Luke’s Hospital, Inc. v. Commissioner,           
          35 T.C. 236, 238 (1960); see also “Audits of Providers of Health            
          Care Services”, AICPA Audit and Accounting Guide (1992); Office             
          of Management and Budget, Standard Industrial Classification                
          Manual, 387-388 (1987).  Such industries historically have been             
          permitted to use the cash method.                                           
               Respondent objects to petitioners' use of the hybrid method            
          of accounting for the hospitals because of the disparity between            
          the income reported under that method and the income that would             
          have been reported had the hospitals employed an overall accrual            






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