James R. Palmer and Linda D. Palmer - Page 31




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        received those invoices, and both Mr. Harris and Ms. Svarzkopf had            
        approved them.15  We further find on the record in this case that             
        the June 2, 1995 oral modification was not made before the amount             
        that Olin Ordnance owed to Mr. Palmer with respect to each of his             
        approved monthly invoices 0011 and 0012 was due.                              
             On the instant record, we also find that, as of the time the             
        June 2, 1995 oral modification was made, Mr. Palmer did not have              
        an absolute and unconditional right to receive the amount that                
        Olin Ordnance owed to him with respect to his approved monthly                
        invoice 0013 covering the period from April 3 through April 30,               
        1995.  That is because, as of that time, 30 days had not expired              
        from the date (May 7, 1995) on which Olin Ordnance first received             
        that invoice.  We further find on the present record that the June            
        2, 1995 oral modification was made before the amount that Olin                
        Ordnance owed to Mr. Palmer with respect to his approved monthly              
        invoice 0013 was due.  We thus must address whether the June 2,               
        1995 oral modification precludes application of the constructive-             
        receipt doctrine with respect to the amount of nonemployee compen-            
        sation that Olin Ordnance owed to Mr. Palmer with respect to his              
        approved monthly invoice 0013.  We must address the same question             
        with respect to the amount of nonemployee compensation that Olin              
        Ordnance owed to Mr. Palmer with respect to each of his approved              



               15There was a minor change made to Mr. Palmer’s monthly                
          invoice 0012.                                                               





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