Mid-Del Therapeutic Center, Inc. - Page 4




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                  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 Commissioner                                





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