Osteopathic Medical Oncology and Hematology, P.C. - Page 11




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          The relevant regulations explain that "inventories at the                   
          beginning and end of each taxable year are necessary in every               
          case in which the production, purchase, or sale of merchandise is           
          an income-producing factor."  Sec. 1.471-1, Income Tax Regs.                
          Jurisprudence provides that a taxpayer with inventories must use            
          an accrual method, unless the taxpayer shows that use of another            
          method would produce a substantial identity of results and that             
          the Commissioner’s determination requiring a change is an abuse             
          of discretion.  See Knight-Ridder Newspapers, Inc. v. United                
          States, 743 F.2d 781, 789, 791-793 (11th Cir. 1984);                        
          Wilkinson-Beane, Inc. v. Commissioner, 420 F.2d 352 (1st Cir.               
          1970), affg. T.C. Memo. 1969-79; Ansley-Sheppard-Burgess Co. v.             
          Commissioner, 104 T.C. at 377; see also sec. 1.446-1(c)(2)(i),              
          Income Tax Regs.                                                            
               Under the facts at hand, respondent may require petitioner             
          to utilize an inventory method of accounting only if we find each           
          of the following as facts:  (1) Petitioner produced, purchased,             
          or sold merchandise, and (2) petitioner's production, purchase,             
          or sale of that merchandise was an income-producing factor.  See            
          Honeywell Inc. v. Commissioner, T.C. Memo. 1992-453, affd.                  
          without published opinion 27 F.3d 571 (8th Cir. 1994).  We need             
          not reach the second part of this inquiry; i.e., whether the                
          production, purchase, or sale of merchandise is an                          
          income-producing factor, if we are unable to find first that the            





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