Tony J. Cavender - Page 6

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          taxpayers have complete dominion.”  Commissioner v. Glenshaw                
          Glass Co., 348 U.S. 426, 431 (1955).                                        
               In Crary v. Commissioner, T.C. Memo. 1970-40, a taxpayer               
          paid to his employer the same amount of a paycheck the taxpayer             
          had received from his employer on the same day.  We held that,              
          regardless of the subsequent payment to his employer, the amount            
          of the paycheck was to be included in the taxpayer’s income.                
               In Merritt v. Commissioner, T.C. Memo. 2003-187, a taxpayer            
          argued that he was entitled to reduce independent contractor fees           
          received from a law firm by an amount he, in the same year, paid            
          back to the firm.  We held that the total amount of the fees                
          received by the taxpayer constituted taxable income regardless of           
          the amount later paid back to the firm.                                     
               Petitioner argues that the reason the $95,233 check from               
          Champion was made out to and was given to him was to support an             
          inflated wage expense deduction on Champion’s 1998 corporate tax            
          return.  Petitioner alleges that the $95,233 check was not signed           
          by him on behalf of Champion until March 29, 1999, and that it              
          was backdated by Champion’s part-time bookkeeper to December 30,            
          1998.                                                                       
               Respondent contends that the full $95,233 reflected by check           
          No. 1546 should be treated as wage income to petitioner in 1998.            
               Champion’s bank statements indicate that the $95,233 check             
          was written in late December 1998.  Checks with similar numbers,            






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