- 13 - 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 whichPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011