- 19 - Pension Plan Contribution Respondent argues that ETCO is not entitled to a $22,000 deduction claimed in its fiscal year ending June 30, 1990, by remittance of a check for an alleged payment of a pension plan contribution. In general, a cash basis taxpayer may deduct expenses only "for the taxable year in which paid." Sec. 1.461- 1(a)(1), Income Tax Regs. Checks do not represent final payment relieving a debtor of liability, but rather constitute only conditional payment which becomes absolute when the creditor presents the check to the bank, which then honors it. Md. Code Ann., Com. Law I sec. 3-310(b)(1) (Michie 1997); Weber v. Commissioner, 70 T.C. 52, 57 (1978). For Federal tax purposes, the subsequent payment of the check relates back to the date of delivery so as to allow deductions even where checks are presented and honored during later years. Weber v. Commissioner, supra at 57; see Clark v. Commissioner, 253 F.2d 745, 748 (3d Cir. 1958), affg. in part, revg. in part, and remanding T.C. Memo. 1956-176; Commissioner v. Bradley, 56 F.2d 728 (6th Cir. 1932), affg. 19 B.T.A. 49 (1930); Estate of Spiegel v. Commissioner, 12 T.C. 524 (1949). But where the checks were not presented and honored in due course, this Court has held that no payment ever occurred because the condition upon which the conditional payment rested was never satisfied. Weber v. Commissioner, supra at 57; Estate of Hubbell v. Commissioner, 10Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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