Osteopathic Medical Oncology and Hematology, P.C. - Page 31




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          of-income determination (or even argument) with respect to such             
          drugs.  But, because other cases under submission to the Court              
          present similar or analogous issues, and because the issue seems            
          to be a recurring one, a premonitory attempt to tidy up may not             
          be amiss.                                                                   
               The relevant authority is section 1.162-3, Income Tax Regs.,           
          “Cost of materials”, which provides as follows:                             
                    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.                                              
               The accounting authorities are in accord:  This regulation             
          means that “Supplies in and of themselves are not considered                
          inventory and, thus, will not cause the taxpayer to be required             
          to use accrual accounting,” Bauernfeind, Income Taxation                    
          Accounting Methods and Periods 3-4 (1991), “supplies are deferred           
          expenses under Reg. � 1.162-3 and not inventory under � 471”, id.           
          3-14, n. 61, and “when the taxpayer’s inventories are of supplies           
          only, use of the cash method is permitted.  These items are not             





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