Newhouse Broadcasting Corporation and Subsidiaries, et al. - Page 19

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           rule as follows:  “That the liability may not subsequently be                               
           discharged by payment does not necessarily prevent its                                      
           consideration as a liability for the years accrued.  * * *  The                             
           existence of an absolute liability is necessary; absolute                                   
           certainty that it will be discharged by payment is not."  See also                          
           United States v. Hughes Properties, Inc., 476 U.S. 593, 606                                 
           (1986).                                                                                     
                 The cases upon which respondent places principal reliance                             
           (United States v. General Dynamics Corp., 481 U.S. 239 (1987);                              
           ABKCO Indus., Inc., v. Commissioner, 56 T.C. 1083 (1971), affd.                             
           482 F.2d 150 (3d Cir. 1973); Field Enters., Inc. v. United States,                          
           172 Ct. Cl. 77, 348 F.2d 485 (1965)) are inapposite.  In each of                            
           these cases the Court found that the taxpayer’s liability for the                           
           payments in question (in General Dynamics Corp, claims for medical                          
           benefits; in ABKCO Indus., royalties; and in Field Enters., Inc.,                           
           "quality bonuses") was contingent upon the prior occurrence of a                            
           particular event (a condition precedent).  In this case, all of                             
           the events that fixed the author’s right to royalties had occurred                          
           by the end of the taxable year (i.e., the completed sales of                                
           books).  That a portion of these royalties was withheld and might                           
           never be paid because of returns in a subsequent taxable year does                          
           not negate petitioner’s right to accrue the royalty expense in the                          
           year of sale.                                                                               








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