William W. Halle IV, and Janice C. Halle - Page 26

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          (accrual method taxpayer may not deduct a contingent liability);            
          Security Flour Mills Co. v. Commissioner, 321 U.S. 281, 287                 
          (1944) (amount must be definite); Lucas v. North Texas Lumber               
          Co., 281 U.S. 11, 13 (1930) (liability must be unconditional);              
          Levert v. Commissioner, T.C. Memo. 1989-333 (taxpayer's                     
          contractual liability was contingent because it depended on                 
          completion of the promised services); sec. 1.461-1(a)(2), Income            
          Tax Regs.                                                                   
               Economic performance occurred on January 10, 1991, when                
          petitioner's goods were delivered to Wyoming.  Furthermore,                 
          petitioner's liability to pay the moving expenses was contingent            
          under both parts of the "all events test" until January 10, 1991.           
          The obligation to pay the carrier for shipment was contingent on            
          delivery of petitioner's goods to Cheyenne, Wyoming.  Had                   
          delivery not occurred, petitioner would not have been obligated             
          to pay the carrier.  Delivery occurred on January 10, 1991.                 
          Moreover, the amount of the liability was not reasonably certain            
          or definite until the Consignee Memos were presented to him for             
          payment on January 10, 1991.  The anticipated freight cost,                 
          according to the bill of lading, was $3,349.98.  The actual cost            
          shown on the Consignee Memos was $1,253.37, which includes a 50             
          percent discount not reflected on the bill of lading.  Hence the            
          amount of petitioner's liability to the carrier was not                     
          reasonably certain until the Consignee Memos were presented to              






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