Newhouse Broadcasting Corporation and Subsidiaries, et al. - Page 17

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                 Ultimately, the authors were entitled to be paid (and, in                             
           fact, were paid) royalties on all books that were sold and not                              
           actually returned, including unreturned books for which payment                             
           was never received by Random House.  Therefore, based upon the                              
           parties’ conduct under the contracts, we find that the withholding                          
           of royalties representing a reasonable reserve for returns                                  
           constituted a delay in the payment of royalties otherwise due the                           
           authors for each statement period in anticipation of actual                                 
           returns during the subsequent statement period.                                             
                       b.  Discussion of Authorities                                                   
                 We agree with petitioner that this case is governed by the                            
           rule of law which states that the deduction of a liability that                             
           otherwise satisfies the all events test is not negated by the                               
           taxpayer’s right to defer payment of the liability pending the                              
           occurrence (or nonoccurrence) of some event after the close of the                          
           taxable year.  See Lawyers’ Title Guar. Fund v. United States, 508                          
           F.2d 1, 6 (5th Cir. 1975); W.S. Badcock Corp. v. Commissioner,                              
           supra; Ohmer Register Co. v. Commissioner, 131 F.2d 682, 686 (6th                           
           Cir. 1942), revg. a Memorandum Opinion of this Court; Central Cuba                          
           Sugar Co. v. Commissioner, 198 F.2d 214, 217-218 (2d Cir. 1952),                            
           affg. in part and revg. in part 16 T.C. 882 (1951); Warren Co. v.                           
           Commissioner, 46 B.T.A. 897, 913-914 (1942), affd. 135 F.2d 679,                            
           rehearing denied 136 F.2d 685 (5th Cir. 1943).  As stated by the                            
           Court of Appeals for the Fifth Circuit in Lawyers’ Title Guar.                              






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