106 T.C. No. 22 UNITED STATES TAX COURT STEPHEN R. AND MARY K. HERBEL, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent JERRY R. AND CAROLYN M. WEBB, Petitioners v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket Nos. 22079-93, 22080-93. Filed June 5, 1996. M, a subch. S corporation, purchased working interests in various gas wells that were subject to a gas purchase contract with A. To avoid litigation over a so-called take or pay provision in the contract, M and A entered into a Settle- ment Agreement under which A paid $1,850,000 to M in 1988 but reserved the right to recoup the payment from future gas purchases under the contract. The Settlement Agreement further provided that M would pay any unrecouped amount to A in cash in the event that it terminated the contract or the wells became substantially depleted. M did not report the payment as income in 1988. R determined that A's payment to M was an advance payment for gas, and is includable in M's income in 1988, the year received. Sec. 1.451-1(a), Income Tax Regs. Ps, shareholders of M, filed a motion for summary judgment in which they argue that, underPage: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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