Barnett Banks of Florida, Inc. and Subsidiaries - Page 21

                                       - 21 -                                         
          always by the end of the next succeeding taxable year.                      
               Petitioner reported the annual fees in income on a pro rata            
          basis over a 12-month period.  Since the full range of services,            
          including contingent services performed on the cardholder's                 
          demand, would be available over the 12-month period for which the           
          fee was paid, it would be "not unreasonable" to anticipate that a           
          substantially ratable portion would be performed or available to            
          be performed in whatever portion of the 1-year period remained at           
          the end of any given taxable year.  The cardholder pays for                 
          services to be available at all times over the 1-year period of             
          the agreement, whether or not the particular cardholder avails              
          himself of those services.                                                  
               Petitioner's pro rata inclusion of income over the 12-month            
          period is reasonable and within the purview of Rev. Proc. 71-21.            
          We think the revenue procedure does not require the type of                 
          matching of income and expense that respondent insists upon.  The           
          revenue procedure permits accrual basis taxpayers to defer the              
          inclusion in gross income of payments received (or due and                  
          payable) in one year for services to be performed by the end of             
          the next succeeding taxable year.  Petitioner's method does that.           
          The purpose of the revenue procedure was to reconcile tax and               
          financial accounting treatment of such payments without                     
          permitting extended deferral beyond the end of the next                     
          succeeding taxable year.  Petitioner's method is that required              
          for financial and regulatory accounting purposes; hence the                 




Page:  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