- 4 - By notices of deficiency dated April 23, 1997, respondent determined deficiencies of $140,025 and $211,979 in Mid-Del’s and PC’s Federal income taxes, respectively. The crux of the deficiencies was respondent’s determination, made pursuant to section 446(b), that petitioners must use an accrual method to compute their taxable income. By separate petitions, petitioners commenced their cases in this Court, and the cases were consolidated for trial. Respondent argued at trial that the drugs used to treat patients were merchandise, the purchase and sale of which were income- producing factors in petitioners’ businesses, and that petitioners, therefore, were required by section 1.471-1, Income Tax Regs., to use the accrual method to compute their taxable income. Petitioners asserted that the drugs were supplies used in the course of treating patients and that section 1.471-1, Income Tax Regs., was inapplicable. Section 446(b) vests the Commissioner with broad discretion to determine whether a particular method of accounting clearly reflects income. See Knight-Ridder Newspapers, Inc. v. United States, 743 F.2d 781, 788 (11th Cir. 1984); Ansley-Sheppard- Burgess Co. v. Commissioner, 104 T.C. 367, 370 (1995). In reviewing the Commissioner’s determination that a taxpayer’s method of accounting does not clearly reflect income, the function of the Court is to decide whether the CommissionerPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011