Florida Progress Corporation and Subsidiaries - Page 19




                                       - 19 -                                         

               A claim of right exists when property or funds are received            
          and treated by a taxpayer as belonging to him.  See Healy v.                
          Commissioner, 345 U.S. 278, 282 (1953).  Income received under a            
          claim of right is taxable in the year of receipt even though the            
          taxpayer may be required to return it at a later time.  See North           
          Am. Oil Consol. v. Burnet, 286 U.S. 417, 424 (1932).  If, in a              
          subsequent year, the claim to the funds or property is determined           
          to be invalid, the taxpayer would be entitled to a deduction in             
          the year of repayment.  However, the amount of tax due and                  
          reported in the year of receipt is unaffected by the return of              
          property or funds.  See United States v. Skelly Oil Co., 394 U.S.           
          678, 680-681 (1969).  Property or funds are not received under a            
          claim of right when there is a substantial restriction on its               
          disposition or use, or when there is a fixed obligation to return           
          the property or funds received.  See Indianapolis Power & Light             
          Co., supra at 209; Hope v. Commissioner, 55 T.C. 1020, 1030                 
          (1971), affd. 471 F.2d 738 (3d Cir. 1973).                                  
               In Indianapolis Power & Light Co., the Supreme Court dealt             
          with the issue of whether deposits, paid by customers to assure             
          the taxpayer of payment for future electricity, were required to            
          be included in income.  The deposits were received by the                   
          taxpayer subject to an express obligation to repay either at the            
          time service was terminated or at the time a customer established           
          good credit.  So long as a customer fulfilled his legal                     





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