Tutor-Saliba Corporation, A California Corporation - Page 22




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          effects of using estimates during the life of a contract that may           
          differ from the actual amounts determined upon completion.                  
          Because the all events test does not recognize income until it is           
          fixed and determinable, requiring use of the all events test                
          would render moot any “estimating” of the total contract price,             
          lead to additional timing differences (income deferrals) and                
          likely require taxpayers to pay more look-back interest.                    
          Moreover, the statute by its plain language calls for the use of            
          “estimated” contract price and costs.                                       
               Petitioner relies on Professional Equities, Inc. v.                    
          Commissioner, 89 T.C. 165 (1987), contending that we should                 
          declare the “contingent items” regulation invalid to the extent             
          it purports to regulate the contents of a long-term contract’s              
          total contract price.  We do not view Professional Equities, Inc.           
          as support for invalidation of the subject regulation.  The                 
          temporary regulation considered in Professional Equities, Inc.              
          was designed to overturn a long line of precedent beginning with            
          the holding in Stonecrest Corp. v. Commissioner, 24 T.C. 659                
          (1955).  In Stonecrest Corp., we held that the “assumed” and                
          “subject to” rules in the regulations interpreting former section           
          453(c) did not apply to wraparound mortgages.  The regulation at            
          issue in Professional Equities, Inc. was at variance with the               
          Stonecrest Corp. line of cases as well as being at odds with the            
          language of the statute.  In Professional Equities, Inc. v.                 






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