- 26 - (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 toPage: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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