Metro Leasing and Development Corporation, East Bay Chevrolet Company, a Corporation - Page 27




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            stay the seizure and sale of the property (in satisfaction of the                           
            tax lien) during the pendency of the contest.  The Court held                               
            that such payment did not satisfy the all events test so long as                            
            the contest was still pending.  Id. at 391-392.                                             
                  The result in United States v. Consol. Edison Co., supra,                             
            was overruled (retroactively to the effective date of the 1954                              
            Code) by section 223 of the Revenue Act of 1964, Pub. L. 88-272,                            
            78 Stat. 19, 76, which added section 461(f), which permits a                                
            deduction for contested items in the year of payment, even though                           
            the contest is not resolved until a later year.  S. Rept. 830,                              
            88th Cong., 2d Sess. (1964), 1964-1 C.B. (Part 2) 505, is the                               
            report of the Committee on Finance that accompanied H.R. 8363,                              
            88th Cong., 1st Sess. (1963), which, when enacted, became the                               
            Revenue Act of 1964.  The report explains the general reasons for                           
            section 461(f) (which originated in the Senate) as follows:                                 
                  Although your committee does not question the legal                                   
                  doctrine laid down by the Supreme Court in the                                        
                  Consolidated Edison case, it believes that it is                                      
                  unfortunate to deny taxpayers a deduction with respect                                
                  to an item where the payment has actually been made,                                  
                  even though the liability is still being contested                                    
                  either as to amount or as to the item itself.  * * *                                  
            S. Rept. 830, 88th Cong., 2d Sess. (1964), 1964-1 C.B. (Part 2)                             
            505, 604.  (Emphasis added.)                                                                
                  Thus, under well-established principles of tax accrual laid                           
            down by the Supreme Court, it is clear that, for income tax                                 
            purposes, the all events test is not satisfied with respect to a                            
            contested tax liability, and the contested tax liability may not                            





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