Tutor-Saliba Corporation, A California Corporation - Page 18




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          legislative history.  Based on indications in the legislative               
          history that Congress was concerned with taxpayer deferral of               
          income, a regulation requiring all revenues to be reasonably                
          estimated and included in the total contract price comports with            
          that congressional intent.8                                                 
               Petitioner makes several contrary arguments.  First, it                
          contends that implicit in the enactment of the look-back method             
          is congressional approval of the all events test.  The all events           
          test, which was developed as case law and embodied in                       
          regulations, applies to accrual method taxpayers and is used in             
          determining the taxable year in which items of income or                    
          deductions are properly reported by such taxpayers.  Under                  
          section 1.451-1(a), Income Tax Regs., income is includable in               
          gross income when all the events have occurred which fix the                
          right to receive such income and the amount thereof can be                  
          determined with reasonable accuracy.  Under the all events test,            
          disputed claims to income are not accruable until a settlement is           



               8 We also note that the regulation has been in existence               
          without relevant change since its promulgation in 1990, and                 
          during its existence Congress has amended section 460 without               
          amending section 460(b) to alter the regulation’s interpretation            
          of the statute.  Under the successive reenactment doctrine, if              
          Congress reenacts without change the statutory language that has            
          been construed by the agency administering that statute,                    
          Congress’ decision not to change that statutory language may be             
          persuasive evidence that the agency’s construction is the one               
          intended by Congress.  See Commodity Futures Trading Commn. v.              
          Schor, 478 U.S. 833, 845-846 (1986).                                        






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