Legal Opinion

Osteopathic Med. Oncology & Hematology, P.C. v. Commissioner

United States Tax Court

Decided November 22, 1999No. 11551-98PublishedCited by 16 opinions

P, a professional service corporation, specializes in the treatment of cancer through chemotherapy. P uses drugs and ancillary pharmaceuticals (collectively, the drugs) during its treatment. The chemotherapy treatments are prescribed by P's professional staff, and patients do not select the type or quantity of drugs used during the treatments. P uses the cash method to expense the cost of the drugs.

Read the full summary

P, a professional service corporation, specializes in the treatment of cancer through chemotherapy. P uses drugs and ancillary pharmaceuticals (collectively, the drugs) during its treatment. The chemotherapy treatments are prescribed by P's professional staff, and patients do not select the type or quantity of drugs used during the treatments. P uses the cash method to expense the cost of the drugs. R determined that the drugs were "merchandise" under sec. 1.471-1, Income Tax Regs., and that P must use an accrual method to report all amounts attributable to the drugs. HELD: The inherent…

1Opinion of the Court

OPINION

Laro, Judge:

The parties submitted this case to the Court without trial. See Rule 122. Petitioner petitioned the Court to redetermine respondent’s determination of a $50,515 deficiency in its 1995 Federal income tax. The sole issue for decision is whether petitioner, a professional service corporation, may use the cash receipts and disbursements method (cash method) to expense the drugs and ancillary pharmaceuticals (collectively, chemotherapy drugs) used by it while providing chemotherapy treatments to its patients. We hold it may. Unless otherwise stated, section references are to the…

2Cases cited15 opinions

  1. Thor Power Tool Co. v. CommissionerSupreme Court of the United States · 1979
  2. Abbott Laboratories v. Portland Retail Druggists Assn., Inc.Supreme Court of the United States · 1976
  3. Knight-Ridder Newspapers, Inc. v. United StatesCourt of Appeals for the Eleventh Circuit · 1984
  4. Commissioner v. Asphalt Products Co.Supreme Court of the United States · 1987
  5. Prabel v. CommissionerUnited States Tax Court · 1988

10 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Bank One Corp. v. Comm'rUnited States Tax Court · 2003
  2. Jim Turin & Sons, Inc. v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 2000
  3. RACMP Enters. v. CommissionerUnited States Tax Court · 2000
  4. Bank One Corp. v. Comm'rUnited States Tax Court · 2003
  5. Bank One Corporation v. CommissionerUnited States Tax Court · 2003

11 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API