- 9 - Corp. v. Commissioner, T.C. Memo. 1961-184. The same principle applies in the instant case.4 Petitioners argue that InTex's obligation to pay the commission is fixed and enforceable, like a deferred obligation to pay the purchase price of property, and therefore includable in basis. In so arguing, petitioners seek to apply the rationale of Commissioner v. Tufts, 461 U.S. 300 (1983), and its predecessor, Crane v. Commissioner, 331 U.S. 1 (1947). We disagree. The fact of the matter is that the rationale of Tufts and Crane in the cash versus accrual context is sui generis as the Supreme Court's opinion in Tufts clearly reveals. In our judgment, it has no application to the issue before us. In a similar vein, we reject petitioners' attempt to remove a capital expenditure from the impact of section 461, notwithstanding the fact that that section speaks in terms of a "deduction". Whether the item is within the category of a deduction or a capital expenditure, payment is a prerequisite for its being taken into account by a cash basis taxpayer. Indeed, we have specifically so held where commissions were involved. 4 Factors cited by petitioners, such as that the amount of the commission was ascertainable and that the expense had been "incurred", are not relevant to a cash basis entity such as InTex. Even if InTex used the accrual method of accounting and met all other requirements for accrual of the expense, sec. 267 would operate to delay a deduction at least until Mr. Haymond, as a related taxpayer on the cash method of accounting, included the commission in income.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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