- 62 - The substantial-identity-of-results test is not applicable under the circumstances present in the instant case. As we read Asphalt Products, it is clear that the focus of the Court of Appeals for the Sixth Circuit was on the mismatching of the taxpayer's receipts from the sale of products with its cost of goods sold. See, e.g., 796 F.2d at 847. Indeed, that court stated: If the temporary and rather insignificant increase in inventories of raw materials had been the only basis for the Commissioner's determination, we would have been inclined to find an abuse of discretion. We do not construe the Code provisions and regulations relating to inventories in the absolute terms adopted by the Commissioner and the Tax Court. However, the taxpayer's method of accounting did not produce an accurate picture of its 1974 income. The income tax is structured on an annual basis. Using the cash method, the cost of materials sold in 1974 was deducted on the 1974 return, yet the proceeds from that portion of the same sales represented by the accounts receivable were not included in the taxpayer's gross receipts as reported on its return. Unlike the inventory item, the accounts receivable were not negligible before 1974 and did not shrink even to their former size at the end of the oil emergency. The taxpayer had accounts receivable of $238,000 at the end of 1976. These facts supported the Commissioner's determination that the cash receipts and disbursements method did not clearly reflect the taxpayer's income. [Id. at 849.] In the instant case, petitioners report patient receivables and related expenses attributable to the Pharmacy and Central Supply accounts on the accrual method. Consequently, the presence of the substantial accounts receivable at yearend does not mean "that the cost of goods sold had been deducted while thePage: Previous 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Next
Last modified: May 25, 2011