- 38 - Kansas City S. Industries, Inc. v. Commissioner, 98 T.C. 242 (1992) (deposits charged by railroad to build side track); Oak Industries, Inc. v. Commissioner, supra (security deposit collected by subscription TV company upon installation of electronic decoder box); Houston Industries, Inc. v. United States, 32 Fed. Cl. 202 (1994) (fuel cost overrecoveries received by a public utility company). On the other hand, if the recipient of the payment controls the conditions under which the payment will be repaid or refunded, we have held that the recipient has some guaranty that it will be allowed to keep the money, and hence, the recipient enjoys complete dominion over the payment. Milenbach v. Commissioner, 106 T.C. 184 (1996); Michaelis Nursery, Inc. v. Commissioner, T.C. Memo. 1995- 143. For example, Milenbach v. Commissioner, supra, involved a payment of $6.7 million by the Los Angeles Memorial Coliseum Commission to the Los Angeles Raiders. The agreement under which the payment was made provided that the money was to be repaid from revenues derived from the operation of suites to be constructed by the Raiders at the Los Angeles Coliseum. In view of the fact that the construction of the suites was within the sole control of the Raiders, and the fact that there was no default or alternative payment provision, we found that the RaidersPage: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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