- 22 - cannot be ascertained, the original transaction may be considered open and later payments treated as capital gains, as they would have been if received at the time of the liquidation. See Waring v. Commissioner, 412 F.2d 800, 801 (3d Cir. 1969), affg. per curiam T.C. Memo. 1968-126. In petitioner’s case, however, the property he received was cash, determined on the basis of prices of publicly traded stock. There is no reason to treat the sale of stock as an open transaction. Moreover, petitioner received the sale proceeds from the stock under a claim of right and without restriction as to their disposition. He himself chose to engage in litigation that, however improbably, might affect the results of the sale. Under these circumstances, his receipt of income is a fortiori taxable in the year of receipt. See sec. 451(a); Hope v. Commissioner, 471 F.2d 738, 742 (3d Cir. 1973), affg. 55 T.C. 1020 (1971). C. Income on Payment of Indebtedness In general, a payment made in satisfaction of a person’s debt is income to that person. See Old Colony Trust Co. v. Commissioner, 279 U.S. 716 (1929). Thus the amounts Kidder Peabody retained to pay off petitioner’s obligations were income to petitioner. Here, Kidder Peabody retained $141,577.37 pursuant to its contractual right to offset petitioner’s margin obligations. These margin obligations were consistently reflected as a “net debit balance” in Kidder Peabody’s statementsPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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