Timothy J. Burke - Page 9

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          (holding that each partner is taxed on his distributive share of            
          partnership income without regard to whether the amount is                  
          actually distributed to him).                                               
               Petitioner argues, however, that the existence of a real               
          controversy between petitioner and Mr. Cohen rendered the amount            
          of his distributive share indefinite and that the partnership               
          receipts in escrow are “frozen” and therefore unavailable to                
          petitioner.  Petitioner cites section 703(a) for the proposition            
          that the taxable income of a partnership is computed in the same            
          manner as that of an individual and cites several cases to                  
          support his argument that his dispute with his former partner               
          postpones the inclusion of his distributive share because he does           
          not have a claim of right to the income.  Petitioner chiefly                
          relies on:  North American Oil Consolidated v. Burnet, 286 U.S.             
          417 (1932) (taxpayer must include income to which he has a claim            
          of right); Estate of Fairbanks v. Commissioner, 3 T.C. 260 (1944)           
          (dispute between executors and decedent’s wife precluded                    
          inclusion in the estate’s income); Madigan v. Commissioner, 43              
          B.T.A. 549 (1941) (taxpayer who placed funds in his personal                
          account pending outcome of an accounting was not required to                
          include the entire amount in income); Preston v. Commissioner, 35           
          B.T.A. 312 (1937) (dispute between two attorneys, who were not              
          partners, precluded inclusion in income).  Petitioner’s reliance            
          on the foregoing cases is misplaced for reasons discussed below.            






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