- 26 - We turn now to petitioner’s reliance on the statement in Commissioner v. Indianapolis Power & Light Co., 493 U.S. 203, 210 (1990), that “In determining whether a taxpayer enjoys ‘complete dominion’ over a given sum, * * * The key is whether the taxpayer has some guarantee that he will be allowed to keep the money.” According to petitioner, There was no guarantee in April of 1999 that the Petitioner would meet the purchase obligations or other obligations under the Supply and Requirements Agree- ments for the ensuing six years. Accordingly, there was no guarantee that future debt service payments would be forgiven. * * * * * * * * * * Even if one assumes that on the anniversary date the Petitioner had met the purchase requirements under the Supply and Requirements Agreement, there was still no guarantee that the debt service payment would be forgiven because the Note required “that the borrower is in compliance with, and shall not have materially breached or then be an uncured default, under the Supply Agreement” * * *. Petitioner’s contentions in reliance on Commissioner v. Indianapolis Power & Light Co., supra, miss the point that the Supreme Court established in that case. The issue presented in Indianapolis Power & Light Co. was whether certain deposits that the taxpayer, a power company, received from its customers were income. In resolving that issue, the Supreme Court analyzed whether the taxpayer enjoyed “complete dominion” over such 19(...continued) Commissioner, 88 T.C. 604, 616 (1987), affd. without published opinion 855 F.2d 855 (8th Cir. 1988).Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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