- 7 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011