Tesco Driveaway Co., Inc. - Page 20




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          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 and                     






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