A partnership purchased a film in an advanced state of production for a purchase price computed as the audited cost of production to the date of purchase, payable by way of a cash payment of $150,000, the balance (of $427,892) to be paid only out of profits generated by the film. Expert accountancy evidence indicated that an amount equal to the unpaid balance of the purchase price was properly includible in the capital cost of the film in the year of purchase only if the unpaid balance was a "real" liability rather than a contingent liability. It was held to be the latter since "it was a liability (from which the [partnership] purchasers admittedly could not unilaterally withdraw) to become subject to an obligation to pay the balance if, but only if, an event occurred which was by no means certain to occur [namely, the generation of profits]."
The Court also stated:
The amounts actually paid in the future from earnings, if any, would be taken into capital cost in the years of payment.