Zahirudeen Premji and Carol M. Premji - Page 31

                                       - 31 -                                         
          do not support the conclusion that Mr. Premji could have cashed             
          the interest checks.  Consequently, because Mr. Premji did not              
          constructively receive either the $6,444 or $7,088 represented by           
          the checks, we conclude that neither amount is includable in his            
          gross income for 1990.                                                      
          3.  Whether The $8,000 Interest Actually Received by Mr. Premji             
          Should Be Included in His Gross Income for 1990                             
               Mr. Premji received $8,000 as interest in 1990 when he                 
          cashed four M&L interest checks in August 1990.  The $8,000 was             
          Mr. Premji's promised 10 percent return every 8 days on his                 
          initial $20,000 investment.                                                 
               Although Mr. Premji has conceded that he received the $8,000           
          in 1990, he contends that it is not includable in his gross                 
          income for that year because the open transaction doctrine                  
          applies, thus allowing him to recover the full amount of his                
          principal before including any amount of interest in income.  He            
          argues that his placement of funds with M&L constituted a risky             
          and speculative investment.12  He relies on Burnet v. Logan, 283            
          U.S. 404 (1931); Underhill v. Commissioner, 45 T.C. 489 (1966);             
          and Liftin v. Commissioner, 36 T.C. 909, affd. 317 F.2d 234 (4th            
          Cir. 1963).  Respondent counters that Mr. Premji's circumstances            
          are distinguishable from those cases, and, therefore, the open              



          12        Mr. Premji has not argued that the amount of interest             
          he was to receive was uncertain.                                            




Page:  Previous  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  Next

Last modified: May 25, 2011