- 18 - 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. ThePage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011