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each such amount until a date after that 30-day period which was
not later than January 31, 1997. If Mr. Palmer wanted Olin
Ordnance to defer such payment of the amount that Olin Ordnance
owed to him with respect to each of his approved monthly invoices
that was subject to the July 1995 amendment, all he had to do
under that amendment was to direct Olin Ordnance not to pay each
such amount within 30 days after Olin Ordnance first received each
such invoice. Mr. Palmer did just that, and consequently Olin
Ordnance did not pay him the amount that it owed to him with
respect to each such invoice until a date selected by Mr. Palmer
which was not later than January 31, 1997.
Based on our examination of the entire record in this case,
we find that petitioners have failed to show that the July 1995
amendment precludes application of the constructive-receipt
doctrine to the respective amounts of nonemployee compensation
reflected in Mr. Palmer’s approved monthly invoices 0011 through
0016 covering the period from February 6, 1995, to the execution
of that amendment. We further find on that record that Mr. Palmer
constructively received during 1995 such amounts of compensation.19
Consequently, we sustain respondent’s determination in the notice
to increase petitioners’ Schedule C gross receipts for 1995 by
19We have considered all of the contentions and arguments of
petitioners that are not discussed herein, and we find them to be
without merit and/or irrelevant.
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