- 26 - In the cases at hand, petitioner had taxable receipt of the settlement proceeds, even though he did not physically receive them. The funds were paid at petitioner’s direction (under the terms of the settlement agreement signed by petitioner) to petitioner’s attorney, to be deposited into an attorney/client trust account. Petitioner’s attorney was acting as petitioner’s agent or petitioner’s creditor in receiving the settlement proceeds and depositing them into a trust account pending resolution of an attorney’s-fee dispute between petitioner and his counsel unrelated to United Ready Mixed’s liability to petitioner. There is no need to consider the doctrine of constructive receipt because petitioner did not delay United Ready Mixed’s payment.12 As between petitioner and United Ready Mixed, the settlement amount was fully paid in 1992. United Ready Mixed retained no interest in the funds after they were paid, at petitioner’s direction pursuant to the terms of the settlement agreement, to petitioner’s attorney. Any restriction 12“Constructive receipt” as defined in sec. 1.451-2(a), Income Tax Regs., is a legal term of art that applies when payment has not been effected because of the payee’s postponing payment. The term “constructive receipt” could also be used in its vernacular sense for any payment not physically received by the taxpayer. A taxpayer has “constructive receipt”, in its vernacular sense, of funds paid directly to the taxpayer’s agents or creditors. The legal doctrine of constructive receipt defined in sec. 1.451-2(a), Income Tax Regs., however, does not apply to completed payments received by a payee’s agents or creditors. We have used the term “taxable receipt” to distinguish between physical receipt and nonphysical receipt that the law treats as received for tax purposes.Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 Next
Last modified: May 25, 2011