- 23 - the execution of the July 1995 amendment. At trial and on brief, it is respondent’s position that Mr. Palmer also constructively received during 1995 the amount of nonemployee compensation that Olin Ordnance owed to him with respect to his approved monthly invoices 0016 through 0020 covering the period from the execution of the July 1995 amendment to the end of 1995. However, respon- dent does not seek an increased deficiency for 1995 with respect to that contention. Petitioners counter that Mr. Palmer did not constructively receive during 1995 any amount of nonemployee compensation from Olin Ordnance. Before turning to the constructive receipt issue before us, we shall summarize the principles of the doctrine of constructive receipt. Section 1.451-2, Income Tax Regs., entitled “Construc- tive receipts of income”, provides in pertinent part: (a) General rule. Income although not actually reduced to a taxpayer’s possession is constructively received by him in the taxable year during which it is credited to his account, set apart for him, or otherwise made avail- able so that he may draw upon it at any time, or so that he could have drawn upon it during the taxable year if notice of intention to withdraw had been given. How- ever, income is not constructively received if the taxpayer’s control of its receipt is subject to substan- tial limitations or restrictions. * * * The constructive-receipt doctrine requires a taxpayer who is on the cash method of accounting to recognize income when the taxpayer has an unqualified, vested right to receive immediatePage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011