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petitioner from participating in the store manager case.
Consequently, authorities such as Sowell v. Commissioner, supra,
and Wells v. Commissioner, supra, finding constructive receipt
where the principal enjoyed an economic benefit notwithstanding
the absence of authorization by the principal, are not
applicable.
Petitioner received $12,500 in settlement of his claim
against Kits in 1998, but the additional $2,500 paid to his
attorney for him was not available to him and was not
constructively received by him.
Reviewed and adopted as the report of the Small Tax Case
Division.
To reflect the foregoing,
Decision will be entered
under Rule 155.
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Last modified: May 25, 2011