- 33 - 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 onPage: Previous 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Next
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