Giant Eagle Inc v. Commissioner IRS

The Court reverses 'the Tax Court’s order after finding that, at the close of the 2006 and 2007 taxable years for which Giant Eagle deducted anticipated fuel-perks! expenses, “all events ha[d] occurred which determine[d] the fact” that it was liable to pay those expenses. 26 U.S.C. § 461(h)(4). Because I believe Giant Eagle’s liabilities were not determined until fuelperks! were redeemed, I respectfully dissent.

I

The law applicable to this case is relatively clear. An accrual method taxpayer need not ascertain the amount of a liability,1 to whom it is owed,2 or when it will be paid3 in order…