- 26 - year in which all the events have occurred that establish the fact of the liability, [and] the amount of the liability can be determined with reasonable accuracy”. See also sec. 1.461- 1(a)(2), Income Tax Regs. In Dixie Pine Prods. Co. v. Commissioner, supra, the Supreme Court amplified the all events test by holding that all of the events to establish a liability have not occurred if the liability is contingent and is contested by the supposed obligor. Id. at 519; accord Security Flour Mills Co. v. Commissioner, 321 U.S. 281 (1944).1 In Dixie Pine Prods. Co. v. Commissioner, supra, the taxpayer had contested a State excise tax that, otherwise, would have been due for the taxable year in question. The Supreme Court held that the taxpayer could claim a deduction only for the taxable year in which its liability for the tax was finally settled. Id. at 519. In United States v. Consol. Edison Co., 366 U.S. 380 (1961), the Supreme Court applied the all events test to a situation in which a contested real estate tax liability was paid in order to 1 It should be noted that, in the absence of a contest, the all events test is satisfied with respect to the additional tax attributable to an income tax deficiency as of the close of the deficiency year. See Dravo Corp. v. United States, 172 Ct. Cl. 200, 348 F.2d 542 (1965) (additional State capital stock tax paid without protest by accrual method taxpayer in year 3 with respect to year 1 properly accruable for year 1). Such additional tax is, therefore, properly accruable for the deficiency year under sec. 535(b)(1). Rev. Rul. 68-632, 1968-2 C.B. 253.Page: 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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