- 5 - count of grand theft under California Penal Code section 487(b)(3)(West 1999). OPINION The Conoco Payments Are Income Respondent received Forms 1099 stating that petitioners earned $2,398 and $2,031 in 1994 and 1995, respectively, from Conoco. Respondent determined that these amounts were includable in petitioners' taxable income. Petitioners did not report these amounts on their 1994 return. Petitioners argue that these amounts were never received by them but rather were paid to the well's operator, Lauck, in satisfaction of a mechanic's lien filed against petitioners' interest. Petitioners claim that Lauck kept more than it was owed from the royalty payments and failed to forward the excess to petitioners. Petitioners, therefore, contend that they should not be taxed on the royalty payments they never received. It is well settled that income is taxed to the person who earns it and enjoys the benefit of it when paid. See Helvering v. Horst, 311 U.S. 112, 119 (1940); Corliss v. Bowers, 281 U.S. 376, 378 (1930); cf. Commissioner v. P.G. Lake, Inc., 356 U.S. 260, 267 (1958); Old Colony Trust Co. v. Commissioner, 279 U.S. 716, 729 (1929). Petitioners do not dispute that royalties were paid by Conoco to Lauck in satisfaction of a valid mechanic'sPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011