- 10 - Commissioner, 84 T.C. 809, 819-820 (1985), affd. without published opinion 800 F.2d 260 (4th Cir. 1986); Rink v. Commissioner, 51 T.C. 746, 753 (1969); Fisher v. Commis- sioner, T.C. Memo. 1986-141; cf. Hutcheson v. Commissioner, 17 T.C. 14, 19 (1951); Walter v. Commissioner, T.C. Memo. 1979-132; Jeppsen v. Commissioner, T.C. Memo. 1978-343; Bers v. Commissioner, T.C. Memo. 1976-263; Butrick v. Commissioner, T.C. Memo. 1972-59; Escofil v. Commissioner, T.C. Memo. 1971-131, affd. 464 F.2d 358 (3d Cir. 1972). To hold otherwise would be to allow a business deduction for unpaid compensation which was never reported as income. See Hutcheson v. Commissioner, supra at 19; see also Stengel v. Commissioner, T.C. Memo. 1992-570, affd. without published opinion 996 F.2d 1227 (9th Cir. 1993), in which the Court stated: The law is clear regarding a failure to realize anticipated future income. Such failure is not a loss contemplated by section 165. As the Supreme Court succinctly stated in Hort v. Commissioner, 313 U.S. 28, 32-33 (1941), "Nothing in section 23(e) [currently at section 165] indicates that Congress intended to allow petitioner to reduce ordinary income actually received and reported by the amount of income he failed to realize." * * * The same is true of section 162.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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