Mack L. McCoy and Catherine McCoy - Page 7

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          binding and enforceable; the liability must not be contingent on            
          a future event; the amount of liability must be certain; and                
          there must be a reasonable belief on the part of the debtor that            
          the liability will be paid.  Putoma Corp. v. Commissioner, 66               
          T.C. 652, 660 (1976), affd. 601 F.2d 734 (5th Cir. 1979); United            
          Control Corp. v. Commissioner, 38 T.C. 957, 967 (1962).  We need            
          not dwell on this matter at length as petitioner failed to                  
          demonstrate that Real McCoy incurred a binding and enforceable              
          liability.                                                                  
               During opening argument, respondent likened petitioners'               
          situation to those disallowed by section 267, in support of the             
          claim that Real McCoy's deduction should not be allowed until an            
          equal amount of income is recognized by Mack McCoy.  Generally,             
          section 267 requires accrual basis taxpayers to defer deductions            
          for amounts payable to a related person, as specified in section            
          267(b), until such time as the amount is includable in the                  
          recipient's gross income.                                                   
               We need not make a determination as to whether petitioner’s            
          situation falls within the specified relationships found within             
          section 267(b).2  Section 1.267(a)-1(c), Income Tax Regs.,                  
          reflects a general principle of tax law that no deduction is                


          2  Sec. 267(b) does not explicitly make reference to                        
          transactions carried out by two proprietorships owned by a single           
          taxpayer, although the underlying rationale of sec. 267 appears             
          to be applicable.                                                           




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