- 28 - Son, Inc. v. Commissioner, 56 T.C. 453, 462-463 (1971); citation omitted.6] It is the right rather than the power to receive income that determines whether such income is constructively received. Id. at 463. However, Mr. and Mrs. Heitz had the right to receive the interest income at the time that it was accrued. Nothing in the record indicates that the interest in question was not subject to their unqualified demands thereafter. Mr. and Mrs. Heitz argue that Mr. Heitz had no discretion to order payment because two signatures were required to validly issue an Exacto check. We find this argument unpersuasive. Mr. and Mrs. Heitz presented no evidence that Mr. Heitz ever requested that a check be issued for the interest payments or that such a request would have been denied. Mr. Heitz had the right and authority to order the payment of interest that had accrued. See Fountain v. Commissioner, 59 T.C. 696, 705-706 (1973). Mr. and Mrs. Heitz contend that Exacto did not have the funds available to pay the interest in question. On December 31, 1992 and 1993, Exacto held cash, cash equivalents, and marketable securities in the amounts of $2,792,123 and $3,129,900, respectively. Mr. and Mrs. Heitz contend that these liquid 6 Most of the cases discussing the doctrine of constructive receipt with respect to interest income apply to sec. 267. In the cited case, the Commissioner was arguing that there was no constructive receipt of interest income by the employee in order to deny the employer-corporation the corresponding deduction.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
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