- 32 - subsidiary, however, was not paid immediately. Then, in 1990 after petitioner had liquidated the subsidiary, petitioner received Lot 51 as compensation. Neither the subsidiary nor petitioner ever included in income the earnings from these services, but prior to trial petitioner conceded that it received $112,000 of services income for 1990 upon the receipt of Lot 51. Nevertheless, petitioner did not concede negligence. According to the regulations, income accrues "when all events have occurred which fix the right to receive such income and the amount thereof can be determined with reasonable accuracy." Sec. 1.451-1(a), Income Tax Regs. It is unclear why petitioner conceded that the service income accrued during a year in issue and not when petitioner's subsidiaries performed the work in the mid-1980s. The record does not disclose the terms of the service contract or the specific services performed, nor does it disclose why IML delayed payment. We therefore hold that respondent failed to prove that petitioner is liable for the negligence penalty attributable to the receipt of Lot 51. To reflect the above, Decision will be entered under Rule 155.Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32
Last modified: May 25, 2011