Osteopathic Medical Oncology and Hematology, P.C. - Page 36




                                       - 36 -                                         

          II. Facts                                                                   
               The majority has set forth many of the facts stipulated by             
          the parties, and, for the most part, I shall not repeat those               
          facts.  The following facts relate to petitioner’s return,                  
          respondent’s determination of a deficiency, and the pleadings in            
          this case.                                                                  
               On its Form 1120, U.S. Corporation Income Tax Return, for              
          1995, petitioner reported gross receipts of $2,938,726, no amount           
          of cost of goods sold, and a gross profit equal to its gross                
          receipts.  Among other items, petitioner deducted $772,522 for              
          “medical supplies” (chemotherapy drugs), $600,328 for                       
          compensation paid to its three physician-shareholder-officers               
          (officer compensation), and other salaries and wages of $630,381.           
          Petitioner’s deduction for chemotherapy drugs equaled 26 percent            
          of its reported gross receipts and gross profits and 129 percent            
          of its officer compensation.                                                
               For 1995, under the hybrid method, respondent disallowed the           
          deduction for chemotherapy drugs claimed by petitioner and                  
          required petitioner to recompute its gross profit by subtracting            
          from gross receipts (determined under an accrual method) the cost           
          of the chemotherapy drugs “conveyed” (sold) by petitioner during            
          that year.  The net adjustment to petitioner’s 1995 taxable                 
          income (the net adjustment) was an increase of $180,344,                    
          resulting from (1) an increase of $148,557 in gross receipts to             





Page:  Previous  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  Next

Last modified: May 25, 2011