- 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
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