- 91 - Menard. Consequently, Mr. Menard is liable for tax on the full amount of the excess TMI expenses, $1,619,918. V. Constructive Receipt of Interest Income Respondent alleges that in 1998 Mr. Menard constructively received interest income in the amount of $639,302 from loans Mr. Menard made to Menards. On its tax return for TYE 1998, Menards deducted the accrued interest but did not issue a check to Mr. Menard until January 29, 1999. After receiving the check, Mr. Menard reported the interest income on his 1999 tax return. Respondent contends that Mr. Menard should have reported the interest income in 1998 for the following reasons: (1) Menards had credited the interest income to Mr. Menard’s account, making it available for Mr. Menard’s use during 1998, and (2) as president, Mr. Menard had the authority to demand payment of the accrued interest at any time. Section 61(a)(4) includes interest in a taxpayer’s gross income. Section 1.451-2(a), Income Tax Regs., provides: (a) General rule. Income although not actually reduced to a taxpayer’s possession is constructively received by him in the taxable year during which it is credited to his account, set apart for him, or otherwise made available so that he may draw upon it at any time, or so that he could have drawn upon it during the taxable year if notice of intention to withdraw had been given. However, income is not constructively received if the taxpayer’s control of its receipt is subject to substantial limitations or restrictions. * * *Page: Previous 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 Next
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