- 17 - 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.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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