- 55 - into account only $6,000 as an expense for the taxable year in which the services were rendered. [Sec. 1.461- 1(a)(2)(ii), Income Tax Regs.] Thirdly, economic performance generally occurs in connection with the provision of services or property as the services or property is provided. Sec. 461(h)(2)(A); sec. 1.461-4(d)(2)(i), Income Tax Regs. An exception to this rule, under which economic performance is deemed to occur only when payment is made, applies in specified circumstances where the liability to make payments arises, inter alia, out of a breach of contract. Sec. 1.461- 4(g)(2), Income Tax Regs. Here, the record lacks any specific information with regard to the nature of the underlying dispute and settlement with Boss Day Planners. Consequently, the Court is unable to ascertain whether any, much less all, of the three requirements for accrual have been satisfied. We are faced with a situation where petitioners do not dispute that they contested at least a portion of the charges attendant to the Boss Day Planners transaction in 1998, they have not established any particular amount as to which they had agreed by the end of the taxable year, and they made no payments during the taxable year. The Court cannot countenance a deduction in these circumstances.Page: Previous 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 Next
Last modified: May 25, 2011