Josephine Velasco - Page 7




                                        - 7 -                                         
          988 F.2d 1218 (11th Cir. 1993); Lehew v. Commissioner, T.C. Memo.           
          1987-389; Evans v. Commissioner, T.C. Memo. 1980-103; sec. 1.61-            
          12(a), Income Tax Regs.                                                     
               Here, the fact that the rent petitioner owed Mr. Riccardi was          
          paid out of the commission the M. Riccardi Agency owed petitioner           
          is irrelevant.  See Tucker v. Commissioner, supra at 678.                   
          Receiving compensation in the form of cash is not a prerequisite to         
          the receipt of taxable income.  Id. at 679 (citing Cohen v.                 
          Commissioner, 63 T.C. 267, 283 (1974), affd. per curiam 543 F.2d            
          725 (9th Cir. 1976)).  When petitioner’s debt to Mr. Riccardi was           
          satisfied, petitioner received an immediate economic benefit equal          
          to the amount of the debt used to satisfy the delinquent rental             
          obligation.  See id.                                                        
               Petitioner contends that the offset of the rent she owed to            
          Mr. Riccardi was not income because she disputed the amount she             
          owed to Mr. Riccardi.  On March 29, 1996, when Mr. Riccardi paid            
          petitioner $14,000 of the $60,500 commission, he told her that the          
          $46,500 balance was offset by expenses he had incurred with respect         
          to the Aspen Road property.  Although petitioner may have disagreed         
          with Mr. Riccardi as to the amount she owed at that time, she               
          continued to occupy the house without paying rent and took no               
          action against Mr. Riccardi.                                                
               Mr. Riccardi paid petitioner an additional $6,000 on August            
          13, 1996.  After the Aspen Road property was sold, and Mr. Riccardi         






Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011