Osteopathic Medical Oncology and Hematology, P.C. - Page 54




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          substantial compared to its receipts, the material is a                     
          substantial income-producing factor even if the taxpayer does not           
          markup the prices charged to its customers for the material.”               
          What I distill from the Wilkinson-Beane, Inc. line of cases is              
          that, where the question is whether a provider of services is               
          using supplies or selling merchandise, the answer turns on                  
          whether the commodity in question is a substantial and                      
          identifiable source of revenue.  If so, and if the merchandise is           
          an income-producing factor, than such merchandise must be                   
          inventoried and an accrual method is appropriate (and may be                
          required) to match costs and revenue.  On the facts before us, I            
          would require inventories because petitioner is selling                     
          merchandise that is an income-producing factor.                             
               The majority’s finding that the chemotherapy drugs are                 
          subordinate to the services rendered ignores the substantiality             
          and centrality of the income attributable to the chemotherapy               
          drugs and involves conclusions that have no basis in the record.            
          The only facts stipulated with respect to the medical aspects of            
          petitioner’s business are set forth in the margin.7  Petitioner is          

               7  When an individual first becomes a patient of petitioner,           
          one of petitioner’s physicians examines the patient in order to             
          determine the proper chemotherapy treatment for that patient.               
               When a patient has been evaluated and a chemotherapy regime            
          has been prescribed, the patient begins regular, periodic                   
          treatments.                                                                 
                                                              (continued...)          




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