Hospital Corporation of America and Subsidiaries - Page 15

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          amount based on a particular procedure or on some other                     
          negotiated per-case or per diem basis.  Thus, in most cases, the            
          hospitals' itemized bills do not bear any particular relationship           
          to the amounts that the hospitals actually will be paid for the             
          services provided.  See Hospital Corp. of America v.                        
          Commissioner, T.C. Memo. 1996-105, for a detailed description of            
          the hospitals' billing practices and the insurers' payment                  
          policies.                                                                   
                                       OPINION                                        
               An accrual method taxpayer generally must include a taxable            
          amount in income when all events have occurred that fix the right           
          to receive the income and the amount can be determined with                 
          reasonable accuracy.  Sec. 1.451-1(a), Income Tax Regs.  Section            
          448(d)(5),9 however, provides that an accrual-method taxpayer is            
          not required to accrue income earned by the taxpayer with respect           
          to the performance of services which, based on experience, it               
          will not collect (i.e., the Uncollectible Amount) and for which             
          no interest is charged or no penalty is applied for overdue                 


          9  Sec. 448(d)(5) provides as follows:                                      
                    (5)  Special rule for services.--In the case of                   
               any person using an accrual method of accounting with                  
               respect to amounts to be received for the performance                  
               of services by such person, such person shall not be                   
               required to accrue any portion of such amounts which                   
               (on the basis of experience) will not be collected.                    
               This paragraph shall not apply to any amount if                        
               interest is required to be paid on such amount or there                
               is any penalty for failure to timely pay such amount.                  




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