- 14 - F.2d 216, 219-220 (6th. Cir. 1955), affg. in part, revg. and remanding in part a Memorandum Opinion of this Court; Axelrod v. Commissioner, T.C. Memo. 1982-92, affd. without published opinion 711 F.2d 1062 (9th Cir. 1983). Most of the underpayment determined by respondent for 1983 arises from alleged embezzlement income. Embezzled funds, once reduced to a taxpayer's complete dominion and control, are income to the taxpayer. James v. United States, 366 U.S. 213 (1961). However, as we have said: The Supreme Court's decision in James v. United States, supra, firmly established the principle that embezzled funds are income to the embezzler. That decision, however, does not stand for the proposition that all misappropriated funds are gross income of the person who illegally misapplied the funds. The decision necessarily confines taxation of an embezzler to circumstances where the embezzler receives a sufficiently cognizable benefit under the normal principles of income taxation. The Court referred to its oft-quoted language describing the breadth of Congress' intent regarding the statutory definition of gross income: all "'accessions to wealth, clearly realized, and over which the taxpayers have complete dominion and control'." James v. United States, supra at 219 (quoting Commissioner v. Glenshaw Glass Co., 348 U.S. 426, 431 (1955)). The Court refined this definition by noting that such gain exists when the "recipient has such control over it that, as a practical matter, he derives readily realizable economic value from it." James v. United States, supra at 219 (quoting Rutkin v. United States, 343 U.S. 130, 137 (1952)). [Hobson v. Commissioner, T.C. Memo. 1992-312.] Jewelry Purchased From F&M Respondent has not persuaded us by proffering clear and convincing evidence that the Renaissance payment to F&M was notPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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