Osteopathic Medical Oncology and Hematology, P.C. - Page 10




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          Ansley-Sheppard-Burgess Co. v. Commissioner, 104 T.C. 367 (1995);           
          see also Wal-Mart Stores, Inc. & Subs. v. Commissioner, supra.              
               We focus our inquiry on whether the chemotherapy drugs were            
          supplies deductible under section 162, or merchandise that must             
          be inventoried under section 471.  Section 162(a) allows a                  
          deduction for “all the ordinary and necessary expenses paid or              
          incurred during the taxable year in carrying on any trade or                
          business”.  The relevant regulations explain that                           
               Taxpayers carrying materials and supplies on hand                      
               should include in expenses the charges for materials                   
               and supplies only in the amount that they are actually                 
               consumed and used in operation during the taxable year                 
               for which the return is made, provided that the costs                  
               of such materials and supplies have not been deducted                  
               in determining the net income or loss or taxable income                
               for any previous year.  If a taxpayer carries                          
               incidental materials or supplies on hand for which no                  
               record of consumption is kept or of which physical                     
               inventories at the beginning and end of the year are                   
               not taken, it will be permissible for the taxpayer to                  
               include in his expenses and to deduct from gross income                
               the total cost of such supplies and materials as were                  
               purchased during the taxable year for which the return                 
               is made, provided the taxable income is clearly                        
               reflected by this method.  [Sec. 1.162-3, Income Tax                   
               Regs.]                                                                 
          Section 471 provides in pertinent part:                                     
               SEC. 471.  GENERAL RULE FOR INVENTORIES.                               
                    (a) General Rule.--Whenever in the opinion of the                 
               Secretary the use of inventories is necessary in order                 
               clearly to determine the income of any taxpayer,                       
               inventories shall be taken by such taxpayer on such                    
               basis as the Secretary may prescribe as conforming as                  
               nearly as may be to the best accounting practice in the                
               trade or business and as most clearly reflecting the                   
               income.                                                                





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