26 payment which is to be applied to a contract not completed during the taxable year. Sec. 1.451-5(a), Income Tax Regs.7 Advance payments are includable in income in the taxable year in which the gross receipts from the contract are properly includable under the taxpayer's method of accounting. Sec. 1.451-5(b), Income Tax Regs.8 6(...continued) response to Hagen Advertising Displays, Inc. v. Commissioner, 407 F.2d 1105 (6th Cir. 1969), affg. 47 T.C. 139 (1966), which held that advance payments on the sale of goods were taxable in the year received. Gas Light Co. v. Commissioner, T.C. Memo. 1986- 118. 7 Sec. 1.451-5(a), Income Tax Regs., provides, in relevant part, as follows: � 1.451-5. Advance payments for goods and long-term contracts.--(a) Advance payment defined. (1) For purposes of this section, the term "advance payment" means any amount which is received in a taxable year by a taxpayer using an accrual method of accounting for purchases and sales or a long-term contract method of accounting * * * pursuant to, and to be applied against, an agreement: (i) For the sale or other disposition in a future taxable year of goods held by the taxpayer primarily for sale to customers in the ordinary course of his trade or business, or (ii) For the building, installing, constructing or manufacturing by the taxpayer of items where the agreement is not completed within such taxable year. 8 Sec. 1.451-5(b)(1), Income Tax Regs., provides, in relevant part, as follows: (b) Taxable year of inclusion.--(1) In general. Advance payments must be included in income either -- (i) In the taxable year of receipt; or (ii) Except as provided * * * [for inventoriable goods]. (continued...)Page: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
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