- 27 - placed on the use of the settlement proceeds after payment by United Ready Mixed, whether the restriction was placed on the funds voluntarily by petitioner or through acts by petitioner’s creditors, does not delay petitioner’s receipt of the income for income tax purposes. See Harris v. Commissioner, 477 F.2d 812 (4th Cir. 1973) (receipt even though funds placed in escrow due to taxpayer’s incompetency), revg. 56 T.C. 1165 (1971); Williams v. Commissioner, 219 F.2d 523 (5th Cir. 1955) (receipt when payments made to escrow set up by taxpayer); Sproull v. Commissioner, 16 T.C. 244 (1951) (receipt on payment to trust), affd. 194 F.2d 541 (6th Cir. 1952); cf. Reed v. Commissioner, 723 F.2d 138 (1st Cir. 1983) (no receipt where escrow arrangement was bona fide deferred payment agreement between buyer and seller); Busby v. Commissioner, 679 F.2d 48 (5th Cir. 1982) (no receipt to seller where payment was made to buyer’s agent). Respondent admits that at trial he conceded that petitioner did not have receipt of the United Ready Mixed settlement proceeds in 1992, because of the restriction placed on the funds by petitioner’s attorney. However, in his reply brief, respondent repudiated his concession,13 relying on Sullivan v. 13In his reply brief, respondent states: In view of Sullivan, respondent has reexamined the position taken at trial and on opening brief with respect to the timing of the taxability of the Ready Mixed settlement proceeds. Respondent is changing his position in this case to be consistent with the holding (continued...)Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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