James R. Palmer and Linda D. Palmer - Page 38




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        invoices 0011 through 0015, those cases do not require us to                  
        conclude that the constructive-receipt doctrine is inapplicable to            
        the amount of nonemployee compensation reflected in each of those             
        invoices 0011 through 0015.  We reach these conclusions because               
        the July 1995 amendment is distinguishable from the binding                   
        contracts or agreements involved in the cases on which petitioners            
        rely.  Unlike those binding contracts or agreements, we find on               
        the record before us that paragraph 6 of the July 1995 amendment,             
        like the June 2, 1995 oral modification of paragraph 6 of the                 
        Marion plant/Palmer consulting agreement, did not impose a sub-               
        stantial limitation or restriction on Mr. Palmer’s control of the             
        receipt of the amount of nonemployee compensation that Olin                   
        Ordnance owed to him with respect to each of his approved monthly             
        invoices 0011 through 0016.  Regardless of when the July 1995                 
        amendment was effective, pursuant to paragraph 6 of that amend-               
        ment, Olin Ordnance was ready, willing, and able to pay Mr. Palmer            
        the amount that it owed to him with respect to each of his ap-                
        proved monthly invoices which was subject to the Marion plant/                
        Palmer consulting agreement as modified by that amendment within              
        30 days after Olin Ordnance first received each such invoice.                 
        Pursuant to the July 1995 amendment, it was totally within Mr.                
        Palmer’s control whether Olin Ordnance paid each such amount to               
        Mr. Palmer within 30 days after the date on which Olin Ordnance               
        first received each such invoice or deferred its payment to him of            






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