Osteopathic Medical Oncology and Hematology, P.C. - Page 21




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          unconvincing the taxpayer's argument that the readership was                
          purchasing a service.                                                       
               We also find the facts herein to be markedly different from            
          the facts presented in the various cases on this issue involving            
          contractors and subcontractors.  In all of those cases where we             
          found the taxpayer was selling merchandise, the contractor's                
          services involved installation of products and the customers came           
          to the contractors to purchase the products as well as the                  
          installation services.  See, e.g., Thompson Elec., Inc. v.                  
          Commissioner, T.C. Memo. 1995-292 (taxpayer was selling                     
          merchandise in connection with a service when he installed                  
          wiring, conduits, electrical panels, and lighting fixtures); J.P.           
          Sheahan Associates, Inc. v. Commissioner, T.C. Memo. 1992-239               
          (contractor's roofing materials were merchandise); Surtronics,              
          Inc. v. Commissioner, T.C. Memo. 1985-277 (electroplating metals            
          were merchandise).  The customers of the taxpayers also could               
          have personally purchased the merchandise elsewhere and either              
          installed the merchandise themselves, if they had the time and              
          expertise to do so, or contracted with a third party to install             
          the merchandise for them.  In the instant case, by contrast,                
          persons seeking chemotherapy treatment may not buy the drugs                
          elsewhere, and they may not apply the drugs themselves.                     
               Respondent unduly focuses on the fact that petitioner listed           
          on the bills submitted to Medicare and private insurers the type            





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