Osteopathic Medical Oncology and Hematology, P.C. - Page 41




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          merchandise is most clearly measured by matching the cost of that           
          merchandise with the revenue derived from its sale.”)                       
               Even if a taxpayer need not maintain inventories, the                  
          recovery of costs associated with the production of income may              
          not be governed by the taxpayer’s method of accounting.  That               
          treatment is well known with respect to the recovery of certain             
          capital expenditures by way of the deduction for depreciation.              
          See sec. 167(a); sec. 1.446-1(a)(4)(ii), Income Tax Regs.                   
          (“Expenditures made during the year shall be properly classified            
          as between capital and expense.”)  More pertinent to our case is            
          section 1.162-3, Income Tax Regs., which addresses the cost of              
          materials and supplies (without distinction, supplies) that do              
          not constitute inventory.  Unless the purchase of such supplies             
          constitutes a capital expenditure, section 1.162-3, Income Tax              
          Regs., provides:                                                            
                    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.                                              





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