- 17 - after the close of the 1996 taxable year, the period reserved to Pepsi for making payment of the marketing funds for the second half of 1996, the theater company would have been forced to forfeit the marketing funds for the last half of 1996 and to repay the marketing funds for the first half of 1996. Petitioners therefore contend that the theater company's right to the marketing funds remained contingent even after the close of the taxable year. Petitioners base their contention on the provision in the agreement labeled “Marketing Fund”: Should the Customer fail to comply with any of the Performance Requirements during the Term, the Customer agrees that in addition to the forfeiture of any funding for the second 6-month period, the Customer shall immediately repay to Pepsi-Cola all of the funds paid to the Customer, by Pepsi-Cola, for the first 6- month period of that Year. [Emphasis added.] As previously stated, however, we do not look to conditions subsequent in applying the all events test. See Keith v. Commissioner, 115 T.C. at 617. We therefore sustain respondent's determination that the marketing funds paid in 1997 should have been accrued in 1996. To the extent not herein discussed, we have considered the parties' other arguments but found them to be moot, irrelevant, or unconvincing.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011