- NEXTRECORD - liable for the 10-percent additional tax under section 72(t). We first consider whether petitioner received unreported wages. Issue (1): Unreported Wages For a taxpayer who uses the cash receipts and disbursements method of accounting, an item is includable in gross income in the year in which the item is actually or constructively received. Sec. 451(a); sec. 1.451-1(a), Income Tax Regs. Thus: Income although not actually reduced to a taxpayer's possession is constructively received by him in the taxable year during which it is credited to his account, set apart for him, or otherwise made available so that he may draw upon it at any time * * * . However, income is not constructively received if the taxpayer's control of its receipt is subject to substantial limitations or restrictions. [Sec. 1.451- 2(a), Income Tax Regs.] Respondent does not contend that petitioner actually received the net wages withheld by the school district in 1990. Rather, respondent contends that petitioner constructively received such amount. Specifically, respondent argues that petitioner incurred a debt as a result of the auditor's determination that petitioner received excess travel advances and that such debt was discharged through the withholding of net wages. From this, respondent concludes that petitioner constructively received the net wages withheld by the school district in 1990. We disagree with respondent. The record demonstrates that from the time of the auditor's determination in September 1990, petitioner has continuously and vigorously denied that he wasPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
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