Women of the Motion Picture Industry, et al. - Page 14

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          461, a deduction allowed by section 162 "shall be taken for the              
          taxable year which is the proper taxable year under the method of            
          accounting used in computing taxable income."  In the opening                
          brief, respondent asserts that petitioners used the cash basis to            
          determine UBTI.  Petitioners have not objected to respondent's               
          assertion in their reply brief.  However, based on the Forms 990,            
          it appears FSEP used the accrual method of accounting, and we                
          shall decide the issue accordingly.                                          
               Section 162 grants a deduction for ordinary and necessary               
          business expenses that are "paid or incurred during the taxable              
          year."  Generally, a cash basis taxpayer may deduct business                 
          expenses only in the taxable year in which the expenses are paid.            
          Sec. 1.461-1(a)(1), Income Tax Regs.  An accrual basis taxpayer              
          generally may deduct expenses in the taxable year in which a                 
          liability is incurred.  Sec. 1.461-1(a)(2), Income Tax Regs.  A              
          liability is incurred in the taxable year in which:  (1) All the             
          events have occurred that establish the fact of the liability;               
          (2) the liability can be determined with reasonable accuracy; and            
          (3) economic performance has occurred with respect to the                    
          liability.  Id.; sec. 461(h).                                                
               We think that the transfer of "instant bingo" proceeds to an            
          organization's general fund is no more deductible than would be a            
          contribution to a reserve for future liabilities.                            
               the case law has long followed the principle that a                     
               contribution to a reserve for future liabilities is not                 
               deductible; only actual payment out of the reserve to                   




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