- 65 - P.C., presents a situation where the conclusion that the drugs are consumed in the performance of a service is easier to make. Clearly, no product resulted from the administration of drugs into patient’s bodies. The purchase of materials and construction of them into finished products in this case is not easily transformed into being “an indispensable and inseparable part” of a service. Majority op. p. 19. As already explained in this dissenting opinion, petitioner purchased materials and sold them to customers in the form of a finished product. The very reasons for finding the drugs to be supplies consumed in performing a service in Osteopathic Med. Oncology & Hematology, P.C., are the antithesis of the circumstances presented in this case where finished products result from petitioner’s labors. (2) Whether Respondent Abused His Discretion Finally, the majority in this case finds irrelevant the fact that petitioner had accounts receivable of $294,436 for its very first year, in which it reported $64,806 of taxable income under the cash method. The majority relies on section 448 for its conclusion that petitioner’s failure to meet the substantial- identity-of-results test is irrelevant because that section allows certain taxpayers to use the cash method and/or not maintain inventories. The majority also finds significant the holding in Ansley-Sheppard-Burgess Co. v. Commissioner, 104 T.C. 367, 377 (1995).Page: Previous 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 Next
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