Hugh G. and Norma J. King - Page 15

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               To qualify under sec. 1.451-5(c), Income Tax Regs., for                
          deferral of income on an agreement to provide goods, the taxpayer           
          must (1) account for advance payments pursuant to a method                  
          described in paragraph (b)(1)(ii) of this section for tax                   
          purposes, (2) receive substantial advance payments with respect             
          to such agreement, and (3) have on hand or have available in that           
          year through the taxpayer’s normal source of supply the kind and            
          quantity of goods needed to satisfy the agreement in such year.             
          Petitioners contend they received layaway deposits in 1995, and             
          that, under section 1.451-5(c)(1)(i)(c), Income Tax Regs., that             
          amount is not income in 1995.  We disagree.                                 
               Petitioners offered no evidence showing the amount of                  
          payments they received in 1995 for layaway sales was not                    
          completed in that year.  We have no basis on which to estimate              
          the amount of those payments.                                               
               Petitioners have not shown they qualify for deferral of                
          income under section 1.451-5(a), Income Tax Regs.  Advance                  
          payments4 may be included in income not later than the second               
          year following the year of receipt of these payments if, among              


               4  To qualify as an advanced payment for goods, (1) the                
          payment must be an amount received pursuant to an agreement for             
          sale or other disposition in the future of goods, (2) the payment           
          must be applied against such agreement, and (3) the goods which             
          are the subject of the agreement must be held by the taxpayer               
          primarily for sale to customers in the ordinary course of the               
          taxpayer’s trade or business.  Sec. 1.451-5(a)(1), Income Tax               
          Regs.                                                                       




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