- 13 - have not occurred by the close of the taxable year. Brown v. Helvering, 291 U.S. 193, (1934); cf. American Automobile Assn. v. United States, 367 U.S. 687, 693, (1961). [Id. at 243-244; emphasis added.] Prior to the Supreme Court’s decision in Hughes Properties, but consistent with its reasoning, this Court in World Airways v. Commissioner, 62 T.C. 786 (1974), affd. 564 F.2d 886 (9th Cir. 1977), found that a statutory liability by itself was insufficient to fix liability for the purposes of the all events test. The Court found it was not the statute acting alone that caused the liability. In that case the taxpayer was statutorily required to overhaul its aircraft after specified numbers of flight hours. The Court refused to allow deduction of a portion of the anticipated overhaul costs corresponding to the amount of flight hours logged in the taxable year, as “Petitioner was under no obligation to make any payment unless an overhaul was actually performed." Id. at 802. Only if the taxpayer continued to use the aircraft would the point at which overhaul was required be reached. While the Court found that the possibility the aircraft might crash or be grounded was perhaps remote, it recognized the more substantial possibility that the taxpayer's use of the aircraft could be cut short because of a sale of the aircraft. See id. at 804. In contrast to Hughes Properties, the statute did not require the equivalent of setting aside a specific reserve fund based on the hours flown during the fiscal year. Thus even assuming, arguendo, that the basis of part ofPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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