- 13 - Generally, income is taxable when it is received. Sec. 451. When a person receives amounts without an obligation to repay such amounts, and without restriction as to the disposition or use of the amounts received, such amounts are income to the person. James v. United States, 366 U.S. 213 (1961). The proceeds of a loan are generally not taxable as income because the benefit of the income is offset by an obligation to repay. United States v. Rochelle, 384 F.2d 748 (5th Cir. 1967); Milenbach v. Commissioner, 106 T.C. 184, 195 (1996). The determination of whether or not moneys received are the proceeds of a loan or income is to be determined upon consideration of all of the facts. Fisher v. Commissioner, 54 T.C. 905, 909 (1970). In the context of insurance agents who receive advances based on future commission income, whether or not such advances constitute income depends on whether, at the time of the making of the payment, the recipient had unfettered use of the funds and whether there was a bona fide obligation on the part of the agent to make repayment. If the funds advanced are merely deposits, of which the taxpayers do not have free and unrestricted use, they will not be treated as income. Cf. Van Wagoner v. United States, 368 F.2d 95 (5th Cir. 1966). In many instances, repayment is simply made out of future earned commissions. Where the repayments will be taken only from future commissions earned, and the agent would not become personally liable in the event that the future income does not cover the repayment schedule, thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011