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
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