Craig A. and Roseann B. Miller - Page 17




                                        - 16 -                                        
          continuing their protest, they had instead cashed the check, then           
          an accord and satisfaction would have been created.                         
               Under the circumstances of this case, there was substantial            
          reason for petitioners to believe that an accord and satisfaction           
          would have been created under California law if they had cashed             
          the check here in question in 1999.  The realistic possibility of           
          an accord and satisfaction constituted a substantial limitation             
          or restriction on the receipt of the proceeds.  Therefore,                  
          petitioners were not in constructive receipt of the proceeds in             
          1999.                                                                       
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
               To reflect petitioners’ concession,                                    
                                                  Decision will be entered            
                                             under Rule 155.                          






















Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  

Last modified: May 25, 2011