Jerry Lee Harvey - Page 36




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          District of Florida, he had no access to the funds or any of the             
          interest earned during that time.                                            
               In Poczatek v. Commissioner, 71 T.C. 371, 376-377 (1978),               
          the Court held that                                                          
                    It is well settled that income is taxable when it                  
               has been actually or constructively received.  North                    
               American Oil Consolidated Co. v. Burnet, 286 U.S. 417                   
               (1932).  * * * [I]t is equally well settled that income                 
               is not limited to direct receipt of cash (Crane v.                      
               Commissioner, 331 U.S. 1 (1947)), and payment of a                      
               legal obligation of a taxpayer is income to him even                    
               though such income is not actually received by him.                     
               Old Colony Trust Co. v. Commissioner, 279 U.S. 716                      
               (1929); Amos v. Commissioner, 47 T.C. 65 (1966); Tucker                 
               v. Commissioner, 69 T.C. 675 (1978).                                    
          Accordingly, the $529,298.71 of interest earned on petitioner's              
          funds deposited with the District Court is taxable to petitioner             
          in 1992 when it was received by the IRS and applied to his unpaid            
          tax assessments.                                                             
          Issue 6.  Petitioner's Losses                                                
               Petitioner next contends that he suffered various business              
          losses during the tax years in issue which he never claimed.                 
          These include funds which petitioner claims were stolen from his             
          Panamanian bank accounts and losses on various aircraft and                  
          business investments.  Thus, petitioner claims there were                    
          resulting net operating losses which reduce his tax liabilities.             
               Petitioner has the burden of proving both the right to and              
          the amount of the net operating loss deductions pursuant to                  
          section 172.  See Rule 142(a); Welch v. Helvering, 290 U.S. 111,             





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