- 25 - agreement is not yet due, a taxpayer may elect to defer that income further by entering into a superseding binding contract or agreement. See Veit v. Commissioner, 8 T.C. 809 (1947); Kimbell v. Commissioner, 41 B.T.A. 940 (1940). In Oliver v. United States, 193 F. Supp. 930, 933 (E.D. Ark. 1961), the U.S. District Court summarized the foregoing principles of the constructive-receipt doctrine as follows: Where income, although not actually received, is unqual- ifiedly and without substantial limitation available to the taxpayer in a given year, and his failure actually to receive it is due to nothing other than his own volition, then such income is considered as having been constructively received during that year, and it must be so reported and the tax paid thereon. * * * But, if during the tax year in question the taxpayer has no right to receive income, or if his right to receive it is subject to substantial qualifications or restric- tions, then he will not be deemed to have received such income constructively during that year. * * * When the item of income in question consists of the proceeds of a sale by the taxpayer of merchandise or other property * * * and where the sale is completed in a given year and the taxpayer at the time acquires an unconditioned vested right to receive the proceeds of the sale, and the buyer is ready, willing, and able to make payment, the taxpayer cannot avoid treating the proceeds as income for that year by voluntarily declin- ing to accept payment during that year, or by requesting the purchaser not to pay him until a later year, or even by voluntarily putting himself under some legal disabil- ity or restriction with respect to payment. In such circumstances, he will be deemed in constructive receipt of the income notwithstanding his refusal to accept payment or his self-imposed restraints on payment. * * * On the other hand, it must be recognized that a taxpayer has a perfect legal right to stipulate that he is not to be paid until some subsequent year, or that the payments are to be spread out over a number of years. Where such a stipulation is entered into betweenPage: Previous 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Next
Last modified: May 25, 2011