- 11 - subsequent, which may terminate an existing right to income but the presence of which does not preclude the accrual of income. See Keith v. Commissioner, 115 T.C. 605, 617 (2000); Charles Schwab Corp. & Subs. v. Commissioner, 107 T.C. 282, 293 (1996), affd. 161 F.3d 1231 (9th Cir. 1998). Having stated the boundaries of the all events test, we now turn to the parties' contentions. III. The Parties' Contentions As to the flex and marketing funds paid by Pepsi during 1996 (for the first half of 1996) and which the theater company reported as income on its 1996 tax return, petitioners now argue that those payments were refundable deposits not subject to accrual in 1996. Petitioners cite Commissioner v. Indianapolis Power & Light Co., 493 U.S. 203 (1990), for the proposition that a taxpayer does not have to accrue payments over which he does not have complete dominion and that complete dominion occurs only when the taxpayer has some guaranty of retaining the funds at issue. Petitioners argue that because the theater company was obligated to repay the payments for the flex and marketing funds in the event of a breach by the theater company occurring as late as “after year end (e.g., March 1997)”, the theater company did not enjoy complete dominion over the payments during 1996 and therefore did not have to accrue them. Petitioners contend that the theater company enjoyed complete dominion over the fundsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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