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the end of petitioner’s fiscal year. Unsubstantiated testimony
that the Gentrys reported the income on their 1994 calendar year
returns, even if true, does not show that they treated the funds
as constructively received at or prior to the end of
petitioner’s fiscal year on July 31, 1994. After all, payments
actually received by the Gentrys in the 5 months following the
end of petitioner’s fiscal year would still be within their
calendar year. Petitioner has failed to show either that the
Gentrys should have included the funds in gross income by the
end of petitioner’s fiscal year, or that the funds were in fact
so included.
Finally, petitioner’s comment implies that the constructive
receipt doctrine should apply differently where the payor
operates on a fiscal year. Petitioner’s notion seems to be that
since petitioner’s fiscal tax year ended in the middle of the
Gentrys’ calendar tax years, funds received or taken into income
by the end of the calendar year should be treated as
constructively received during the same “year,” and so the
deduction should be allowed.
There are other matching provisions in the Internal Revenue
Code that do not require matching precision. See, e.g., sec.
83(h) (deduction allowed for taxable year in which ends the
taxable year in which item included in gross income of person
who performed services); sec. 404(a)(6) (payment deemed made on
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