Westpac Pacific Foods - Page 12




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               Respondent takes exception to petitioner's characterization            
          of the upfront payments as constituting advance trade discounts             
          exclusively.  Respondent notes that, under each purchase                    
          contract, Westpac agreed to maintain the manufacturer as the                
          primary or exclusive supplier of the relevant product line.  In             
          addition, under the American Greetings and GTE Sylvania                     
          contracts, Westpac agreed to maintain a specified amount of shelf           
          space for the manufacturer's product.  Respondent therefore                 
          argues that some portion of the upfront cash payments should be             
          characterized as made in consideration of these non-volume-                 
          related commitments.                                                        
               We hold that Westpac is not entitled to defer recognition of           
          the payments as income beyond the year of receipt.  We explain              
          our decision below.                                                         
          B.   Tax Treatment of Payments                                              
               Section 61 broadly defines gross income as “all income from            
          whatever source derived”.  See also sec. 1.61-1(a), Income Tax              
          Regs.  In interpreting a predecessor to section 61, the Supreme             
          Court determined that the broad statutory language evidenced                
          congressional intent to tax all gains except those specifically             
          exempted.  See Commissioner v. Glenshaw Glass Co., 348 U.S. 426,            


               7(...continued)                                                        
          obligation.  We therefore agree with petitioner that an implicit            
          repayment obligation existed in Westpac's contracts with                    
          Ambassador and American Greetings.                                          





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