Metro Leasing and Development Corporation, East Bay Chevrolet Company, a Corporation - Page 25




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                  HALPERN, J., concurring:  Although I have joined in the                               
            majority’s opinion, I write separately to set forth more fully                              
            why I believe petitioner may not accrue the contested tax                                   
            liability in question.                                                                      
            I.  Application of the All Events Test                                                      
                  The majority notes:  “Our holding in J.H. Rutter Rex                                  
            Manufacturing Co. v. Commissioner, T.C. Memo. 1987-296, was                                 
            consistent with our holding in Doug-Long, Inc. v. Commissioner,                             
            73 T.C. 71 (1979), which, in turn, followed the Supreme Court’s                             
            reasoning in Dixie Pine Prods. Co. v. Commissioner, 320 U.S. 516                            
            (1944), and related precedent.”  Majority op. p. 15.  It is upon                            
            Dixie Pine Prods. Co. and the “related precedent” that I wish to                            
            focus.                                                                                      
                  The seminal case establishing the basic rule for when a                               
            liability is incurred and, thus, is taken into account under the                            
            accrual method of accounting for Federal income tax purposes is                             
            United States v. Anderson, 269 U.S. 422 (1926), which holds that                            
            a liability is incurred in the year in which occur all the events                           
            needed to create an unconditional obligation to pay such                                    
            liability.  That test (the all events test) is now embodied in                              
            section 1.446-1(c)(1)(ii)(A), Income Tax Regs., which provides                              
            that, under an accrual method of accounting (in addition to the                             
            requirement of “economic performance”, added in 1984), a                                    
            liability is incurred for income tax purposes “in the taxable                               







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