- 31 - 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 notPage: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Next
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