Robert Henry Lehmuth - Page 14

                                       - 13 -                                         
         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                       
              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                
              To reflect the foregoing,                                               
                                                 Decision will be entered             
                                            under Rule 155.                           

Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  

Last modified: May 25, 2011