Metro Leasing and Development Corporation, East Bay Chevrolet Company, a Corporation - Page 26




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            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.                                         






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