- 25 - 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 taxablePage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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