Richard D. Nelson - Page 16




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            have remained unsatisfied for an indefinite period of time.  In                            
            accord with the note and the terms of an accompanying agreement,                           
            Krieger was paid $429,594.49 during the first 5 years after the                            
            settlement ($56,409.11, $110,317.07, $130,739.49, $75,636.22, and                          
            $56,492.60 for the years 1991, 1992, 1993, 1994, and 1995,                                 
            respectively).                                                                             
                  Accordingly, although it was agreed that Krieger was                                 
            entitled to $1.5 million, there was no assurance that the bingo                            
            operation would generate income sufficient to satisfy the note.                            
            The conditional nature of the note and its indefinite term                                 
            prevent the all events test from being satisfied.  See, e.g.,                              
            Restore, Inc. v. Commissioner, T.C. Memo. 1997-571, affd. per                              
            curiam 174 F.3d 203 (11th Cir. 1999).  Even if these                                       
            circumstances did facially comply with the all events test, the                            
            allowance of a $1.5 million deduction for November’s 1991 year                             
            when payments on the note are conditional and extend over an                               
            indefinite period of time would result in a distortion and fail                            
            to match November’s income and deductions.  Cf. Ford Motor Co. v.                          
            Commissioner, 102 T.C. 87 (1994), affd. 71 F.3d 209 (6th Cir.                              
            1995).                                                                                     
                  Accordingly, we hold that November was not entitled to                               
            deduct $1.5 million for legal fees for its 1991 year, but that it                          
            is entitled to deduct the payments to Krieger in the year of each                          
            payment.                                                                                   






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