Hospital Corporation of America and Subsidiaries - Page 28

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          adjustment, Congress expressed no specific intent to give                   
          hospitals a mechanism to contravene the provisions of section               
          481(a) and thereby omit items of income which they previously had           
          deferred under the cash method.                                             
               The cessation-of-business acceleration provision is in                 
          harmony with the purposes of both sections 448 and 481 and is not           
          inconsistent with the statutory scheme as a whole.  Moreover, the           
          cessation-of-business acceleration provision accelerates the 10-            
          year period given hospitals to spread the section 481(a)                    
          adjustment only under explicit and limited circumstances that               
          prevent the omission or duplication of income.  We believe the              
          regulation implements the purpose of the statute in a reasonable            
          manner and, thus, must be upheld as a permissible construction of           
          the statute.  See Chevron U.S.A., Inc. v. Natural Res. Def.                 
          Council, Inc., 467 U.S. at 842-843; United States v. Correll, 389           
          U.S. 299, 307 (1967).                                                       
          Does the Cessation-of-Business Acceleration Provision Apply in              
          the Instant Case?                                                           
               Additionally, petitioners contend that acceleration of the             
          section 481(a) adjustment is not required in the instant case               
          because the hospitals that transferred assets to the Category B             
          Corporations did not cease to engage in the hospital business               
          after the sale of those assets to HealthTrust.  Respondent                  
          counters that a taxpayer ceases business when there is an                   
          elimination of the taxpayer's business completely or when there             





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