- 3 - During August 1997, while petitioner was still admitted in the Center, a $19,893.904 distribution check was received from the Plan at petitioner’s Hawthorne residence. The distribution was received in the form of a cashier’s check. On November 13, 1997, petitioner was released from the Center and concurrently reconfined in the Los Angeles county jail to serve the remainder of his sentence. Petitioner was released from jail in February 1998 and during May of that year he cashed the $19,893.90 distribution check. Petitioner did not report the distribution as income on his 1997 Federal income tax return. OPINION The question we consider is whether petitioner constructively received the $24,867.37 distribution during his 1997 tax year. Section 451(a) provides the general rule that “any item of gross income shall be included in the gross income for the taxable year in which received by the taxpayer, unless, under the method of accounting used in computing taxable income, such amount is to be properly accounted for as of a different period.” Petitioner, who reports his income using the cash method, must report income in the year it is actually or constructively received. See sec. 1.451-1(a), Income Tax Regs. 4 Respondent determined that the gross distribution of $24,867.37 was unreported income. The net distribution, after withholding $4,973.47 for Federal tax, was $19,893.90.Page: Previous 1 2 3 4 5 Next
Last modified: May 25, 2011