Osteopathic Medical Oncology and Hematology, P.C. - Page 33




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          appropriate, provided that respondent makes the necessary                   
          determinations.  Compare J.P. Sheahan Associates, Inc. v.                   
          Commissioner, T.C. Memo. 1992-239, with Thompson Elec., Inc. v.             
          Commissioner, T.C. Memo. 1995-292, which present different                  
          findings of fact regarding yearend materials and supplies.                  
               As Gertzman states at 6-30:                                            
                    The rationale behind this provision [the sec. 162-                
               3 regulation] seems clear.  Many taxpayers do not                      
               maintain financial accounting records of consumption                   
               and do not take physical inventories of the supplies on                
               hand at the beginning and end of the year for business                 
               purposes.  In these cases, it would be inconsistent                    
               with the book conformity requirement of Section 446(a),                
               impractical, and unduly burdensome to require that they                
               undertake such record-keeping responsibilities or make                 
               such physical counts solely for tax purposes.  However,                
               to protect the Treasury against taxpayers who might                    
               avoid undertaking these activities solely for the                      
               purpose of obtaining a tax benefit, two protections are                
               afforded.  First, the supplies must be incidental and,                 
               second, the taxable income so computed must be                         
               reflected clearly * * * [citation omitted.]                            
               The regulation appears to be not much more than an                     
          illustration of the rule that expenditures that result in assets            
          having a life beyond the end of the year must be capitalized.               
          See sec. 263; INDOPCO, Inc. v. Commissioner, 503 U.S. 79 (1992).            
          Without attempting to predict the outcome of a hypothetical, see            
          Gulf Oil Corp. v. Commissioner, 89 T.C. 1010, 1044 (1987)                   
          (Chabot, J., concurring), affd. on other grounds 914 F.2d 396 (3d           
          Cir. 1990), it suffices to note that the section 162 regulation             
          authorizes the Commissioner in appropriate cases to treat                   
          supplies on hand at yearend as deferred expenses.                           





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