James R. Palmer and Linda D. Palmer - Page 23




                                       - 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 immediate                









Page:  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