David Dobrich and Naomi Dobrich - Page 20

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          price with a third party for payment to the seller in a later               
          year.  Respondent relies on a line of cases, including Griffith             
          v. Commissioner, 73 T.C. 933 (1980); Pozzi v. Commissioner, 49              
          T.C. 119 (1967); and Oden v. Commissioner, 56 T.C. 569 (1971),              
          among others, which found that the seller no longer looked to the           
          buyer for payment and expected to collect the sales proceeds from           
          a third-party source, such as an escrow account.  Petitioners,              
          however, argue that the cases cited by respondent did not involve           
          circumstances where substantial restrictions existed on the                 
          seller's right to the third-party funds.  Money deposited in an             
          escrow account by a buyer is not deemed to be constructively                
          received by the seller if the seller's right to receive the funds           
          is subject to substantial limitations or restrictions.  Stiles v.           
          Commissioner, 69 T.C. 558, 563 (1978); Champy v. Commissioner,              
          T.C. Memo. 1994-355; see sec. 1.451-2, Income Tax Regs.                     
               Here, the exchange agreement provides that petitioners were            
          to transfer the Antioch property to Clack Bros. in exchange for             
          property to be identified by petitioners.  To accomplish this,              
          petitioners were to transfer title and assign the proceeds from             
          the option agreement on the Antioch property to Clack Bros.                 
          Under the agreement, Clack Bros. would have became the seller;              
          however, petitioners did not follow the agreement in that they              
          retained title and transferred it directly to the purchaser.                
          Clack Bros. did receive the sales proceeds and deposited them               
          into the trust account.  Although the exchange agreement provided           



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