- 15 - “paid” when constructively received. Fourth, petitioner argues that the Kaw Dehydrating Co. bonuses were adjusted after the close of the fiscal year. We do not know whether the payment allocation here was likewise adjusted after the end of petitioner’s fiscal year because there is no evidence to show what was determined prior to the end of petitioner’s fiscal year. Petitioner offered no evidence to show that the allocation among the Gentrys had been made prior to the end of petitioner’s fiscal year. It is sufficient here that the potential for a post-fiscal-year adjustment exists because petitioner took no formal action to set the specific allocation prior to the end of its fiscal year. Finally, petitioner argues that in Kaw Dehydrating Co., the “stockholders reported their respective bonuses on their personal income tax returns in the year following the year in which they were awarded.” This statement raises three potential issues. First, should the constructive receipt doctrine apply differently depending on the length of time between the alleged constructive receipt and the actual receipt? Second, how should the recipient’s treatment of the item on the recipient’s tax return affect the payor’s right to a deduction? Finally, does the rule operate differently depending on whether the payor has a fiscal or a calendar tax year? Petitioner suggests that the constructive receipt doctrinePage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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