Osteopathic Medical Oncology and Hematology, P.C. - Page 6




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          nationally for chemotherapy drugs is 1.5 times the AWP, and                 
          petitioner bills its patients for the drugs at this rate with the           
          expectation that the patient will pay the excess over the amount            
          reimbursed.  With all reimbursement payments from Medicare or               
          private insurers, petitioner receives an "Explanation of                    
          Benefits" that details the amounts allowed and disallowed as to             
          each specific charge, and the amounts for each charge which are             
          due from secondary insurance and/or the patient.                            
               Petitioner has always used the cash method for purposes of             
          both financial and tax accounting, and it has never maintained an           
          inventory of any of the items used in its practice.  Petitioner             
          expenses as supplies the cost of all chemotherapy drugs purchased           
          during the year; the actual cost of chemotherapy drugs which it             
          had on hand at the end of 1995 was $31,887.  Petitioner deducted            
          on its 1995 tax return $772,522 in "medical supplies" for the               
          actual cost of the chemotherapy drugs and $66,305 in "laboratory            
          supplies" for the actual cost of miscellaneous nonpharmaceutical            
          items.  Petitioner reported on its 1995 tax return $2,938,726 in            
          gross receipts and no cost of goods sold.                                   
               Respondent determined that petitioner had to inventory its             
          chemotherapy drugs, and, thus, that petitioner's use of the cash            
          method did not clearly reflect its income.  Respondent changed              
          petitioner's method of accounting to a hybrid method, which                 
          hybrid method accounted for the chemotherapy drugs on an accrual            





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