- 16 - 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.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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