- 5 -
Furstenberg v. Commissioner, 83 T.C. 755, 791 (1984) (citing
Loose v. United States, 74 F.2d 147, 150 (8th Cir. 1934)).
We hold that the distribution income was available to
petitioner and, except for his own inaction while in alcohol
rehabilitation, was subject to his will and control in 1997.
Despite his incarceration, petitioner had the ability to exercise
dominion and control over the distribution check. Petitioner’s
incarceration was not a sufficient impediment to his control over
the check that was received at his residence during 1997. He had
access to a telephone, and there were individuals who could have
assisted petitioner in cashing the check. The fact that the
distribution was made in the form of a cashier’s check ensured
that funds were set aside and available for petitioner. Other
than his inaction, petitioner did not show or argue that there
were any other limitations or restrictions on his control over
the distribution check. Accordingly, we hold that the
distribution income was constructively received by petitioner in
1997 and was includable in petitioner’s income for that year.
To reflect the foregoing,
Decision will be entered
for respondent.
Page: Previous 1 2 3 4 5
Last modified: May 25, 2011