Charles and Beatrice M. Reynolds - Page 23




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         contested payment although they produced a bank statement for the            
         same general time period reflecting other payments at issue.6                
              Once again we cite the general rule that cash method                    
         taxpayers may deduct expenses in the year actual payment takes               
         place.  See sec. 1.461-1(a)(1), Income Tax Regs.  Generally,                 
         delivery of a check will constitute payment.  See Estate of                  
         Spiegel v. Commissioner, 12 T.C. 524, 533 (1949).  If a check is             
         dated in one year but cashed in the next year, the deduction will            
         not be allowed absent proof of delivery in the year of the                   
         deduction.  See Odom v. Commissioner, T.C. Memo. 1982-531, affd.             
         707 F.2d 508 (4th Cir. 1983); McCoy v. Commissioner, T.C. Memo.              
         1971-34.  Petitioners have not offered any evidence that check No.           
         3084 for $872 was delivered to the payee in 1994 and the amount is           
         therefore not deductible for that year.                                      
              On Schedule C for 1994 petitioners also seek to deduct legal            
         expenses incurred for Mrs. Reynolds’ representation in a sex                 
         discrimination action.  They produced a copy of a September 1994             


          6    Petitioners had more than one checking account.  Checks                
          written on account No. 302386-8 bore three-digit numbers in the             
          two hundreds at the end of 1993.  Petitioners introduced as                 
          evidence for other items, checks written on account Nos. 039-0950           
          and 016020109603.  Checks written on the latter accounts in 1993            
          bore four digits in the high two thousands and low three                    
          thousands and three-digit numbers, respectively.  Check No. 3084            
          is either out of order by months or was written on a fourth                 
          account.  Petitioners offered no explanation for their inability            
          to produce canceled check No. 3084, a copy of it, or a statement            
          showing it.                                                                 





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