James W. and Laura L. Keith - Page 21




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          method business and must proceed on the assumption that,                    
          excepting the contract for deed transactions, its items of income           
          and expense were reported using this method.                                
               Under the accrual method, gain arising from the contracts              
          for deed would be reportable in the year when the right to                  
          receive the income became fixed and the amount of the income                
          became reasonably determinable.  Since the instruments at issue             
          expressly dictated price, the latter requirement regarding amount           
          of income is not in question here.  Concerning the former element           
          of a fixed right to the income, we reiterate the well-established           
          principle that “In applying the all events test, this and other             
          courts have distinguished between conditions precedent, which               
          must occur before the right to income arises, and conditions                
          subsequent, the occurrence of which will terminate an existing              
          right to income, but the presence of which does not preclude                
          accrual of income.”  Charles Schwab Corp. & Subs. v.                        
          Commissioner, 107 T.C. 282, 293 (1996), affd. 161 F.3d 1231 (9th            
          Cir. 1998).                                                                 
               Here, the only circumstance in which GIA could fail to                 
          receive the full amount of the purchase price would be a default            
          by the buyer.  A default, however, is a condition subsequent.  As           
          we stated regarding the similar sales contract in Clodfelter v.             
          Commissioner, 48 T.C. 694, 701 (1967):                                      
               the purchaser was given immediate possession; it                       
               thereupon assumed the rights and obligations of                        





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