The Charles Schwab Corporation and Includable Subsidiaries - Page 18

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          of the trade, including the amount of the commission, and lists                    
          the total "amount due".  Petitioner encloses a remittance stub                     
          and a return envelope with the confirmation.  The customer does                    
          not have the right to cancel an order that petitioner executes in                  
          accordance with the instructions of the customer.                                  
                In applying the all events test, this and other courts have                  
          distinguished between conditions precedent, which must occur                       
          before the right to income arises, and conditions subsequent, the                  
          occurrence of which will terminate an existing right to income,                    
          but the presence of which does not preclude accrual of income.                     
          Central Cuba Sugar Co. v. Commissioner, 198 F.2d 214, 217-218 (2d                  
          Cir. 1952), affg. in part and revg. in part 16 T.C. 882 (1951);                    
          Wien Consol. Airlines, Inc. v. Commissioner, 60 T.C. 13, 15                        
          (1973), affd. 528 F.2d 735 (9th Cir. 1976); Buckeye Intl., Inc.                    
          v. Commissioner, T.C. Memo. 1984-668; see also Resale Mobile                       
          Homes, Inc. v. Commissioner, 965 F.2d 818, 824 (10th Cir. 1992),                   
          affg. 91 T.C. 1085 (1988).6                                                        
                We think the above factors indicate that petitioner’s                        
          execution of a trade for a customer is a condition precedent that                  

                6Although Central Cuba Sugar Co. v. Commissioner, 198 F.2d                   
          214, 217-218 (2d Cir. 1952), affg. in part and revg. in part 16                    
          T.C. 882 (1951), Wien Consol. Airlines, Inc. v. Commissioner, 60                   
          T.C. 13, 15 (1973), affd. 528 F.2d 735 (9th Cir. 1976), and                        
          Buckeye Intl., Inc. v. Commissioner, T.C. Memo. 1984-668,                          
          involved the accrual of deductions rather than the proper                          
          reporting of income, this Court has recognized that similar                        
          considerations apply with respect to both issues.  See Simplified                  
          Tax Records, Inc. v. Commissioner, 41 T.C. 75, 79 (1963); Buckeye                  
          Intl., Inc. v. Commissioner, supra.                                                




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