David K. Straight - Page 19

                                         19                                           
          consider whether petitioner may do so under section 1.451-5,                
          Income Tax Regs.                                                            
          B.   Whether Eagle May Defer Reporting of Advance Deposits If               
               Section 1.451-5, Income Tax Regs., Does Not Apply                      
               1.   Standards Applicable If Section 1.451-5, Income Tax               
                    Regs., Does Not Apply                                             
               Income must be reported in the taxable year in which the               
          taxpayer receives it unless, under the taxpayer's method of                 
          accounting, the item of income is properly accounted for in a               
          different period.  Sec. 451(a).  Petitioner is an accrual method            
          taxpayer.  Accrual method taxpayers generally must recognize                
          income when all the events have occurred which fix the right to             
          receive the income and the amount of the income can be determined           
          with reasonable accuracy.  Schlude v. Commissioner, 372 U.S. 128,           
          137 (1963); secs. 1.446-1(c)(1)(ii), 1.451-1(a), Income Tax Regs.           
               Accrual basis taxpayers must include in income in the year             
          received advance payments for the sale of services that are                 
          unrestricted as to their use, even though those payments may not            
          be earned until later years.  Schlude v. Commissioner, supra;               
          American Auto. Association v. United States, 367 U.S. 687, 689              
          (1961); Automobile Club of Michigan v. Commissioner, 353 U.S.               
          180, 189 (1957).  The same principles apply to advance payments             
          for the sale of goods.  S. Garber, Inc. v. Commissioner, 51 T.C.            
          733, 735-736 (1969); Hagen Adver. Displays, Inc. v. Commissioner,           
          47 T.C. 139, 146-147 (1966), affd. 407 F.2d 1105, 1107 (6th Cir.            
          1969); Farrara v. Commissioner, 44 T.C. 189, 191 (1965).                    




Page:  Previous  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  Next

Last modified: May 25, 2011