Osteopathic Medical Oncology and Hematology, P.C. - Page 20




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          chemotherapy drugs without purchasing petitioner's service.  We             
          find nothing in the case of Wilkinson-Beane, Inc. that would                
          cause us to believe that the taxpayer's services there depended             
          on the purchase of caskets from it.  Instead, the taxpayer in               
          Wilkinson-Beane, Inc., by choice, sold the funeral services and             
          caskets as a package.                                                       
               Respondent also relies on Knight-Ridder Newspapers, Inc. v.            
          United States, 743 F.2d 781 (11th Cir. 1984).  There, the Court             
          of Appeals for the Eleventh Circuit considered whether the                  
          taxpayer, who produced and sold newspapers, was required to keep            
          inventories.  The taxpayer argued that it was a service business            
          in that it provided information for its readership and                      
          advertisement for its clients.  The court found that even though            
          the taxpayer sold an extremely perishable commodity (a 2-day-old            
          newspaper is stale) and had no inventory of finished goods, the             
          taxpayer was required to account for inventories because the                
          newspapers were merchandise and there was a significant                     
          fluctuation of newsprint and ink on hand.                                   
               The facts of Knight-Ridder Newspapers, Inc. v. United                  
          States, supra, are materially distinguishable from the facts at             
          hand.  In contrast to the instant case, the taxpayer in Knight-             
          Ridder, Inc. clearly manufactured a product (newspapers) and used           
          raw materials (paper and ink) in the manufacturing process.  We,            
          like the Court of Appeals for the Eleventh Circuit, find                    





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