Joseph A. and Sari F. Deihl - Page 55

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               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.                                           











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