RACMP Enterprises, Inc. - Page 65




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          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).                                                            




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