Osteopathic Medical Oncology and Hematology, P.C. - Page 58




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          petitioner is measured by their compensation, then that value is            
          somewhere in the neighborhood of $1 million (given that there               
          were numerous employees other than physician employees).                    
          Petitioner, thus, had receipts of about $2 million attributable             
          to something other than the negotiated value (to the corporation)           
          of physician’s services, including chemotherapy drugs costing               
          $772,522.  Petitioner’s receivables at the end of 1995 were                 
          $148,557.  I know of no rule of law that forecloses an inquiry              
          into whether, to reflect clearly petitioner’s income, the                   
          receivables attributable to the chemotherapy drugs used during              
          the year should not be reported on an accrual method, as would be           
          the case under the hybrid method.  Recently, in Oakcross                    
          Vineyards, Ltd. v. Commissioner, T.C. Memo. 1996-433, affd. 142             
          F.3d 444 (9th Cir. 1998), we sustained the Commissioner’s                   
          determinations that (1) the cash method did not clearly reflect a           
          farmer’s receipts from the sale of grapes and (2) an accrual                
          method was required.  We surveyed many of the cases dealing with            
          a challenge by the Commissioner to the cash method, including               
          cases involving the Commissioner’s rejection of the cash method             
          for reporting receipts.  Among the cases we surveyed were the               
          following:  American Fletcher Corp. v. United States, 832 F.2d              
          436 (7th Cir. 1987) (credit card charge account service required            
          to change from cash method to an accrual method); Applied                   
          Communications, Inc. v. Commissioner, T.C. Memo. 1989-469                   





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