- 6 - 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,Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011