- 20 - 21. Section 3.02 permits the taxpayer to include the payments in income "as earned through the performance of the services". Section 3.06 sets forth methods that may be used in determining the amount of an advance payment that is earned in a taxable year where the agreement requires the performance of contingent services. Section 3.06 reads: In any case in which an advance payment is received pursuant to an agreement which requires the taxpayer to perform contingent services, the amount of an advance payment which is earned in a taxable year through the performance of such services may be determined (a) on a statistical basis if adequate data are available to the taxpayer; (b) on a straight-line ratable basis over the time period of the agreement if it is not unreasonable to anticipate at the end of the taxable year of receipt that a substantially ratable portion of the services will be performed in the next succeeding taxable year; or (c) by the use of any other basis that in the opinion of the Commissioner, results in a clear reflection of income. The language of section 3.06 instructs the taxpayer as to how to report the payments from contingent service agreements; it does not preclude such payments for contingent services from the application of Rev. Proc. 71-21. Also, examples 4 and 5 given in section 3.12 refer to contingent service providers and do not require a matching of the service contract income with performance of specific services. We have found that the annual credit card fees were payments for services provided to or made available to the cardholders. The period of the agreement covered by the fee was 12 months; thus, all services would be performed within a 1-year period andPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011