- 20 - Cir. 1960), and Miller-Dunn v. Commissioner, a Memorandum Opinion of this Court dated Feb. 28, 1946, for the proposition that no formal corporate resolution is required for constructive receipt. Fetzer Refrigerator Co. and O.H. Kruse Grain & Milling involved contractual rents that had been accrued on the corporate taxpayer’s books prior to the end of its fiscal year. In each case the rental amounts were set forth in a lease agreement and were reflected by entries on the corporation’s books as of the end of the fiscal year, giving the shareholder/lessor the right as well as the power of withdrawal. Fetzer Refrigerator Co. v. United States, supra at 579 (“Although Mr. Fetzer never physically received the amounts due him, he did possess the power and the right to receive the payments.” (Emphasis added.)). We agree with petitioner that the doctrine of constructive receipt does not require a specific corporate resolution authorizing the compensation. A corporation can act in other ways. For example, the award of compensation could be set in advance under a written contract that was itself authorized by proper corporate procedures. The compensation could be set through the formal act of an agent who had a proper delegation of authority from the corporation. However, petitioner has failed to cite any authority for the proposition that the compensation could be set other than through formal andPage: 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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