Newhouse Broadcasting Corporation and Subsidiaries, et al. - Page 18

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           Fund v. United States, supra at 6:  "‘The all events test’ is                               
           recognized but regarded as not failed merely because a ‘condition                           
           subsequent’ may interfere with actual payment"; see also Central                            
           Cuba Sugar Co. v. Commissioner, supra.  In the cases cited, the                             
           taxpayer was obligated to pay a fixed commission based upon sales                           
           that had occurred by the end of the taxable year, although actual                           
           payment of the commission was predicated upon events transpiring                            
           after the close of the taxable year.  For example, in Ohmer                                 
           Register Co. v. Commissioner, supra at 683, as in this case, where                          
           the royalties to authors were reduced to take account of returns,                           
           a commission credited to a sales agent on the original sale would                           
           be reversed should the company be required to "take back the                                
           product sold", i.e., should the product be returned.  In Ohmer                              
           Register Co., as in the other cited cases, the taxpayer was                                 
           allowed to deduct commissions due with respect to sales in the                              
           year of the sales, rather than in the subsequent year when the                              
           obligation to actually pay the commissions was discharged.  The                             
           court noted that "[t]he fact that the agent might not, in the end                           
           [,] receive his full commission is no more material than that the                           
           petitioner might not receive full payment of the purchase price of                          
           the article sold."  Id. at 686.                                                             
                 In Helvering v. Russian Fin. & Constr. Corp., 77 F.2d 324,                            
           327 (2d Cir. 1935), affirming a Memorandum Opinion of this Court,                           
           the Court of Appeals for the Second Circuit stated the applicable                           






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