Leo and Alla Goldberg - Page 47

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          Schedule C income from operation of the business school be                  
          increased by $34,544 will be sustained.  In accord with the                 
          parties' agreement, a corresponding reduction will be made in               
          petitioners' 1991 Schedule C income from operation of the                   
          business school.                                                            
               Vehicle Resale Business                                                
               As to the vehicle resale business, on brief petitioners                
          state:  "it does appear possible that at least a portion of the             
          income on the cash basis should have been reported in 1990."                
          Petitioners admit that $38,000 was received via wire transfer               
          during 1990.                                                                
               At trial, petitioner testified that he received the wire               
          transfer in 1990 but that, if he had been unable to deliver the             
          cars as specified in the agreement, the money would have been               
          returned to Kortava.  However, the parties modified the agreement           
          so that petitioner did not have to return any of the money.                 
               As a general rule, cash basis taxpayers, such as                       
          petitioners, must report income upon its receipt.  Sec. 451(a).             
          Petitioners' argument appears to be that, although $38,000 was              
          received in 1990, the money was subject to a contractual                    
          restriction that prohibited it from being income in 1990.                   
          Respondent's determination is based on the claim of right                   
          doctrine.                                                                   
               Income received under a claim of right is taxable in the               
          year received even though the recipient may be under a contingent           
          obligation to return it at a later time.  North Am. Oil Consol.             



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