David K. Straight - Page 26

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          payment which is to be applied to a contract not completed during           
          the taxable year.  Sec. 1.451-5(a), Income Tax Regs.7  Advance              
          payments are includable in income in the taxable year in which              
          the gross receipts from the contract are properly includable                
          under the taxpayer's method of accounting.  Sec. 1.451-5(b),                
          Income Tax Regs.8                                                           

               6(...continued)                                                        
          response to Hagen Advertising Displays, Inc. v. Commissioner, 407           
          F.2d 1105 (6th Cir. 1969), affg. 47 T.C. 139 (1966), which held             
          that advance payments on the sale of goods were taxable in the              
          year received.  Gas Light Co. v. Commissioner, T.C. Memo. 1986-             
          118.                                                                        
               7 Sec. 1.451-5(a), Income Tax Regs., provides, in relevant             
          part, as follows:                                                           
                   � 1.451-5. Advance payments for goods and long-term               
               contracts.--(a) Advance payment defined. (1) For purposes of           
               this section, the term "advance payment" means any amount              
               which is received in a taxable year by a taxpayer using an             
               accrual method of accounting for purchases and sales or a              
               long-term contract method of accounting * * * pursuant to,             
               and to be applied against, an agreement:                               
                   (i) For the sale or other disposition in a future                 
               taxable year of goods held by the taxpayer primarily for               
               sale to customers in the ordinary course of his trade or               
               business, or                                                           
                    (ii) For the building, installing, constructing or                
               manufacturing by the taxpayer of items where the agreement             
               is not completed within such taxable year.                             
               8 Sec. 1.451-5(b)(1), Income Tax Regs., provides, in                   
          relevant part, as follows:                                                  
                    (b) Taxable year of inclusion.--(1) In general.                   
               Advance payments must be included in income either --                  
                    (i) In the taxable year of receipt; or                            
                    (ii)  Except as provided * * * [for inventoriable                 
               goods].                                                                
                                                             (continued...)           


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