- 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