Rameau A. and Phyllis A. Johnson - Page 18

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                                              OPINION                                                 
            1.    Portion of Contract Price Deposited in the PLRF                                     
                  a.  Respondent's Theory                                                             
                  Section 451(a) provides that the amount of any item of                              
            income shall be included in gross income for the taxable year                             
            in which received by the taxpayer, unless, under the method of                            
            accounting used in computing taxable income, the amount is                                
            properly accounted for as of a different period.  Under the                               
            accrual method of accounting, income is includable for the                                
            taxable year when all the events have occurred that fix the right                         
            to receive the income and the amount of the income can be                                 
            determined with reasonable accuracy.  Secs. 1.446-1(c)(1)(ii),                            
            1.451-1(a), Income Tax Regs.  Generally, all the events that                              
            fix the right to receive income have occurred when it is:  (1)                            
            Actually or constructively received; (2) due; or (3) earned by                            
            performance, whichever comes first.  Schlude v. Commissioner, 372                         
            U.S. 128 (1963); Union Mut. Life Ins. Co. v. United States, 570                           
            F.2d 382, 385 (1st Cir. 1978); Automobile Club of New York, Inc.                          
            v. Commissioner, 32 T.C. 906, 911-913 (1959), affd. 304 F.2d 781                          
            (2d Cir. 1962).                                                                           
                  A line of cases beginning with Commissioner v. Hansen, 360                          
            U.S. 446 (1959), expounds the conditions under which a taxpayer's                         
            right to receive income becomes fixed where payment to the                                
            taxpayer is withheld or deposited in a reserve account.  The                              





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