- 32 - inventories under section 471. They are not held for sale in the ordinary course of business.” Gertzman, Federal Tax Accounting 3-55 (2d ed. 1993) (Gertzman). The regulation says that materials and supplies cannot be currently expensed unless four tests are met: (1) They are “incidental”; (2) no record of consumption is kept; (3) no physical inventories are taken at the beginning and end of the year; and (4) income is clearly reflected. Petitioner in this case would appear to flunk the first three tests: (1) Chemotherapy drugs transmitted to patients in the course of petitioner’s rendering of medical services are a substantial portion of petitioner’s gross receipts and are a material income producing factor, as evidenced by the markups shown in petitioner’s billing records; and (2) and (3) records of consumption and of supplies on hand at yearend are kept; indeed such records seem to be required by Medicare. However, as to (4), respondent has not made a stand-alone clear-reflection-of- income determination, having chosen to rely solely on the presence of merchandise requiring inventories as compelling automatic adoption of the accrual method of accounting, the position that we have rejected. In other cases of service providers, such as small contractors in the construction industry, an adjustment treating yearend supplies as deferred expense might very well bePage: Previous 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Next
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