- 4 - were constructively received by the Foriers when accrued, thus constructively paid and deductible. Discussion Petitioner has dredged up the deeply buried, oft-rejected "constructive payment" doctrine. Respondent contends petitioner, a cash method taxpayer, may deduct the wages at issue only when actually paid. Petitioner contends that the Foriers could have drawn the accrued wages when they wished and that they were in constructive receipt of the wages. Therefore, the argument goes, the doctrine of constructive payment should be applied under these facts, and petitioner should be allowed to deduct the unpaid accrued wages. We disagree. Respondent's determination is presumed correct, and petitioner bears the burden of proof. See Rule 142(a); Welch v. Helvering, 290 U.S. 111 (1933). Petitioner concedes it is a cash basis taxpayer. As such, it may only deduct expenditures in the year paid. See secs. 446, 461; secs. 1.446-1(c)(1), 1.461- 1(a)(1), Income Tax Regs. While a cash basis taxpayer must include in income amounts actually or constructively received during the year, see sec. 451 and sec. 1.451-1, Income Tax Regs., there is no such provision for constructive payment. It is now horn-book law that "constructive payment" is not a necessary corollary of "constructive receipt," and what may be income to one may not be a deductible payment by the other. See CitizensPage: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011