- 17 - v. Commissioner, 353 U.S. 180 (1957); S. Garber, Inc. v. Commissioner, 51 T.C. 733 (1969); Farrara v. Commissioner, 44 T.C. 189 (1965). Petitioner contends that John Graf Co. v. Commissioner, 39 B.T.A. 379 (1939), requires that trade discounts not be recognized as income prior to the elimination of all contingencies to which their recognition is subject. The taxpayer in John Graf Co., a beverage retailer, instituted a lawsuit against a beer producer regarding the quality of beer that the taxpayer had previously purchased. As part of the agreement by which the parties settled the matter, the beer producer agreed to deliver to the taxpayer, free of charge, 500 cases of beer having a posted price of $1.10 per case. In addition, the manufacturer agreed to provide the taxpayer with incremental discounts totaling $2,450 on additional purchases. If the taxpayer refused to order any beer after delivery of the first 500 free cases, such failure to order would constitute a waiver of the balance of the credit allowance. Id. at 380. During the taxable years at issue, the taxpayer's purchases entitled it to a discount of $177.50 over the $550 of free product it received. In ruling on the tax consequences of the taxpayer's settlement, the Board held that the taxpayer recognized income only to the extent of the discount which it actually received in the taxable year in issue. Id. at 385.Page: 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