Westpac Pacific Foods - Page 13




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          430 (1955).  The Court concluded that the payments in dispute in            
          Glenshaw Glass Co. constituted gross income, describing them as             
          “undeniable accessions to wealth, clearly realized, and over                
          which the taxpayers have complete dominion.”  Id. at 431.                   
               Section 451 sets forth the general rule that an item of                
          income shall be included in the taxpayer's gross income for the             
          taxable year in which received by the taxpayer unless, under the            
          method of accounting used by the taxpayer in computing taxable              
          income, such amount is to be properly accounted for in a                    
          different period.  Westpac was an accrual method taxpayer.  Under           
          the accrual method of accounting, income is included in gross               
          income when all events have occurred which fix the right to                 
          receive such income and the amount thereof can be determined with           
          reasonable accuracy.  See sec. 1.451-1(a), Income Tax Regs.  The            
          right to receive income becomes fixed at the earliest of (1)                
          required performance, (2) the date payment becomes due, or (3)              
          the date payment is made.  See Schlude v. Commissioner, 372 U.S.            
          128, 133, 137 (1963); Charles Schwab Corp. v. Commissioner, 107             
          T.C. 282, 292 (1996), affd. 116 F.3d 1231 (9th Cir. 1998); Cox v.           
          Commissioner, 43 T.C. 448, 456-457 (1965).                                  
               Pursuant to the above-described principles, Westpac was                
          required to include the advance trade discounts in income for the           
          taxable year in which such discounts were received.  Westpac had            
          unfettered use of the cash payments in the years in which                   






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