- 6 - petitioner had completed its performance with respect to the sales and services. The parties do not dispute the amount of income earned by petitioner for these goods and services. We conclude that respondent committed no abuse of discretion in determining that the all events test had been met. Petitioner must accrue income from the goods and services in the taxable year in which performance occurs, and it cannot wait until the year in which it invoices its customer. Although petitioner may not have physically possessed all of the documentation necessary to invoice its customers for the sales and services in the year of performance, petitioner's preparation and sending of the invoices were ministerial acts that did not postpone accrual of the income otherwise earned. See Continental Tie & Lumber Co. v. United States, 286 U.S. 290 (1932); Dally v. Commissioner, 227 F.2d 724 (9th Cir. 1955), affg. 20 T.C. 894 (1953); Frost Lumber Indus. v. Commissioner, 128 F.2d 693 (5th Cir. 1942), revg. 44 B.T.A. 1249 (1941); Orange & Rockland Utils., Inc. v. Commissioner, 86 T.C. 199, 214 (1986). For purposes of the all-events test, completion of petitioner's performance on the contracts fixed its right to receive payment for the goods and services, regardless of petitioner's invoicing practice.2 2 While we have previously upheld deferred billing practices of certain taxpayers, those taxpayers generally operated in a heavily regulated industry or were able to establish wide acceptance within their industry of such an accounting practice. See, e.g., Orange & Rockland Utils., Inc. v. Commissioner, 86 T.C. 199 (1986); Public Serv. Co. of New Hampshire v.Page: Previous 1 2 3 4 5 6 7 8 Next
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