- 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. RiccardiPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011