Osteopathic Medical Oncology and Hematology, P.C. - Page 8




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               We decide this issue in the context of whether it was an               
          abuse of respondent’s discretion to exercise his authority under            
          section 446 and require petitioner to change from the cash method           
          to a hybrid method.2  Presented is the question of whether                  
          petitioner should be required to keep inventories for tax                   
          purposes under section 471.  Respondent determined that                     
          petitioner’s chemotherapy drugs were merchandise that was an                
          income-producing factor, that petitioner therefore was required             


               2 Sec. 446 provides in pertinent part:                                 
               SEC. 446.  GENERAL RULE FOR METHODS OF ACCOUNTING.                     
                    (a) General Rule.--Taxable income shall be                        
               computed under the method of accounting on the basis of                
               which the taxpayer regularly computes his income in                    
               keeping his books.                                                     
                    (b) Exceptions.--If no method of accounting has                   
               been regularly used by the taxpayer, or if the method                  
               used does not clearly reflect income, the computation                  
               of taxable income shall be made under such method as,                  
               in the opinion of the Secretary, does clearly reflect                  
               income.                                                                
                    (c) Permissible Methods.--Subject to the                          
               provisions of subsections (a) and (b), a taxpayer may                  
               compute taxable income under any of the following                      
               methods of accounting--                                                
                    (1) the cash receipts and disbursements method;                   
                    (2) an accrual method;                                            
                    (3) any other method permitted by this chapter; or                
                         (4) any combination of the foregoing                         
                    methods permitted under regulations                               
                    prescribed by the Secretary.                                      




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