James R. Palmer and Linda D. Palmer - Page 33




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        of the above-cited cases, there was a binding contract or agree-              
        ment, or a superseding binding contract or agreement, to defer                
        income before it was due.                                                     
             With respect to each of Mr. Palmer’s approved monthly in-                
        voices 0011 and 0012, we have found that the June 2, 1995 oral                
        modification was not made before the amount of nonemployee compen-            
        sation reflected in each such invoice that Olin Ordnance owed to              
        him was due.                                                                  
             With respect to Mr. Palmer’s approved monthly invoices 0013              
        through 0015, we have found 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 of nonemployee                  
        compensation reflected in each such invoice that Olin Ordnance                
        owed to him.  However, the cases on which petitioners rely are                
        nonetheless distinguishable from the instant case with respect to             
        those invoices.  This Court and its predecessor, the Board of Tax             
        Appeals, held that the binding contracts or agreements involved in            
        the cases relied upon by petitioners were effective to preclude               
        application of the constructive-receipt doctrine.  In contrast, on            
        the instant record, we find that the June 2, 1995 oral modifica-              
        tion does not preclude application of the constructive-receipt                
        doctrine to the aggregate amount of nonemployee compensation that             
        Olin Ordnance owed to Mr. Palmer with respect to his approved                 
        monthly invoices 0013 through 0015.  That is because we find on               






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