- 26 - of computing taxable income. Sec. 446(c)(2). Section 1.446- 1(c)(ii), Income Tax Regs., provides: Accrual method. Generally, under an accrual method, income is to be included for the taxable year when all the events have occurred which fix the right to receive such income and the amount thereof can be determined with reasonable accuracy. * * * The accrual method does not focus on the time of payment or receipt, but rather upon the time there is an obligation to pay or a right to receive. See United States v. Hughes Properties, Inc., 476 U.S. 593, 599 (1986); Spring City Foundry Co. v. Commissioner, 292 U.S. 182, 184-185 (1934). Petitioner, an accrual method taxpayer, booked all its sales at the time the merchandise was shipped. At that time, petitioner had a legally enforceable right to receive payment for the merchandise. At the end of the year, petitioner decided the amount of rebates it would extend and reversed the sales entries, thereby not accruing the sales income previously booked. Under the all- events test, petitioner was required to accrue the income in the year the sales were made to its related entities. Petitioner failed to prove that the amounts were not collectible during the years at issue. Furthermore, any uncertainty as to collection that would justify nonaccrual of income must be substantial and not simply technical. See Stephens Marine, Inc. v. Commissioner, 430 F.2d 679, 685 (9th Cir. 1970),Page: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
Last modified: May 25, 2011