Osteopathic Medical Oncology and Hematology, P.C. - Page 52




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          for supplies.  The relevant difference is with respect to the               
          application of section 1.446-1(c)(2)(i), Income Tax Regs., which,           
          with an exception not here relevant, and taking into account                
          section 1.471-1, Income Tax Regs., requires an accrual method               
          with regard to purchases and sales of merchandise.  The majority            
          agrees that the distinction between supplies and merchandise does           
          not turn on the nature of the underlying commodity:                         
          “pharmaceuticals could reasonably be construed to be merchandise            
          in some contexts”.  Majority op. p. 17.  In Wilkinson-Beane, Inc.           
          v. Commissioner, 420 F.2d 352, 354 (1st Cir. 1970), affg. T.C.              
          Memo. 1969-79, the Court of Appeals for the First Circuit                   
          determined that the meaning of the term “merchandise”, as used in           
          section 1.471-1, Income Tax Regs., “must be gathered from the               
          context and the subject.”  The context and the subject are the              
          explicit requirement that a taxpayer’s method of accounting                 
          clearly reflect income.  See sec. 446(b).  Income realized from             
          the sale of merchandise is most clearly measured by matching the            
          cost of that merchandise with the revenue derived from its sale.            
          Knight-Ridder Newspapers, Inc. v. United States, 743 F.2d at 789.           
          Given the lack of any clearly pertinent distinction between the             
          term “supplies” and the term “merchandise”, where the facts raise           
          some question (as they do here), we should inquire which                    
          classification results in a clearer reflection of the taxpayer’s            
          income.                                                                     





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