- 11 - With respect to the first requirement of the all events test, the accrual of an item of expense is improper where the liability for such item is contingent upon the occurrence of a future event.6 See Security Flour Mills Co. v. Commissioner, 321 U.S. 281 (1944); Brown v. Helvering, 291 U.S. 193, 200 (1934) (except as otherwise specifically provided by statute, a liability does not accrue as long as it remains contingent); Putoma Corp. v. Commissioner, supra at 739. Paragraph 6 of the Marketing agreement requires petitioner to "pay MMC a royalty fee of 10 (ten) percent of RESTORE's net sales." The agreement between petitioner and Matrix, as written, does not reveal any contingency upon which the parties appear to have conditioned petitioner's liability. However, respondent argues that it was Matrix's and petitioner's intention that the payment of the royalties be contingent on reaching an unspecified level of profits. On April 12 and 13, 1984, the shareholders of Matrix had their first annual meeting. The report of the shareholder meeting states: Although until that date [August 1985] MMC is expected to have earned over U.S. $2 million from RESTORE INC. in royalties, we have agreed to retain such royalties within RESTORE as 6Respondent does not contend that the accrued royalties could not be determined with reasonable accuracy. Moreover, the amounts accrued are ascertainable by the formula agreed to in the Marketing agreement.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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