- 19 - grounds are unavailing. The cases cited by petitioner in support of its position that the funds were constructively received prior to end of its fiscal year are not on point. Petitioner cites White v. Commissioner, 61 T.C. 763 (1974), and Haack v. Commissioner, T.C. Memo. 1981-13, for the proposition that Doyce Gentry’s unfettered power should be enough to establish constructive receipt. In both cases, the specific amount of the constructive recipient’s compensation had been determined in advance through proper corporate action. In White, the corporation had determined the amount of the shareholder’s bonus in advance through a proper corporate resolution and had given him the power to withdraw the funds whenever he wished. White v. Commissioner, supra at 764. Similarly, in Haack v. Commissioner, supra, the bonuses had been awarded to the controlling shareholder through proper corporate resolutions prior to the end of the corporation’s fiscal year. This Court in White and Haack did not address the issue here--whether the employee would have been in constructive receipt of the compensation if the corporation had not determined and awarded the compensation in advance through proper corporate procedures. Petitioner also cites Fetzer Refrigerator Co. v. United States, 437 F.2d 577 (6th Cir. 1971), O.H. Kruse Grain & Milling v. Commissioner, T.C. Memo. 1959-110, affd. 279 F.2d 123 (9thPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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