- 6 - Petitioner argues that its deduction should be allowed because Doyce Gentry and his sons constructively received the compensation by the end of petitioner’s fiscal year on July 31, 1994, and were therefore required under section 451 to include that income when it was constructively received. Petitioner admits that it has the burden of proof to show that Doyce Gentry and his sons constructively received the compensation by July 31, 1994. Section 1.451-2, Income Tax Regs., defines constructive receipt as follows: Income although not actually reduced to a taxpayer’s possession is constructively received by him in the taxable year during which it is credited to his account, set apart for him, or otherwise made available so that he may draw upon it at any time, or so that he could have drawn upon it during the taxable year if notice of intention to withdraw had been given. However, income is not constructively received if the taxpayer’s control of its receipt is subject to substantial limitations or restrictions. * * * Petitioner argues that since Doyce Gentry was petitioner’s sole officer, director, and owner, and had sole check-writing authority over petitioner’s accounts, he had the unfettered ability to withdraw the compensation at any time, and thus should be treated as if he constructively received the compensation by the end of petitioner’s fiscal year. Respondent notes that Doyce Gentry may have had the unfettered ability to withdraw funds from petitioner’s bank accounts, but he did not have the right to receive thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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