- 10 - U.S. 278, 281 (1953); fn. ref. omitted), the receipt of funds, without restriction as to use or disposition, must trigger the incidence of taxation, unless “in the year of receipt a taxpayer recognizes his liability under an existing and fixed obligation to repay the amount received and makes provisions for repayment.” Hope v. Commissioner, 55 T.C. 1020, 1030 (1971), affd. 471 F.2d 738 (3d Cir. 1973), cert. denied 414 U.S. 824 (1973). As we have stated, “The mere fact that income received by a taxpayer may have to be returned at some later time does not deprive it of its character as taxable income when received” (Woolard v. Commissioner, 47 T.C. 274, 279 (1966); citations omitted), and the claim of right doctrine will apply “notwithstanding that the taxpayer may be under a contingent obligation to restore the funds at some future point” (Professional Insurance Agents of Michigan v. Commissioner, 78 T.C. 246, 270 (1982); citations omitted). Where the taxpayer is required to repay some or all of the money in a later year, a deduction may then be available to him in the later year to the extent permitted by law (see Krim-Ko Corp. v. Commissioner, 16 T.C. 31, 40 (1951)),8 but the amounts are income nonetheless in the year of receipt. __________ 8 Sec. 1341, I.R.C. 1954, offers even greater relief, in certain circumstances, by allowing the taxpayer to choose, in the year of repayment, between a deduction for the amount of the repayment and, in effect, a credit for the amount of tax that would have been saved in the year of inclusion if the repaid amount had been excluded from that year’s gross income. In the instant case, petitioner received the $100,000 from Parker in 1996. We assume that petitioner was a cash basis taxpayer. See Rubnitz v. Commissioner, 67 T.C. 621, 627 n.7 (1977). 1. Restrictions on Use The record does not include any evidence that petitioner was restricted in his use of this $100,000. On brief, petitioner discusses the restriction-on-use question and asserts: “In thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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