- 92 - Whether a taxpayer constructively received income is a question of fact. Willits v. Commissioner, 50 T.C. 602, 613 (1968). According to petitioners’ interpretation of the facts, although Mr. Menard was the president and controlling shareholder of Menards and had the power to order Menards to distribute funds to him, Mr. Menard did not have an unqualified, vested right to receive the interest in 1998. Petitioners also contend that even though Menards was financially able to pay Mr. Menard in 1998, Menards did not set the funds aside for that purpose. In support of their position, petitioners rely on Jerome Castree Interiors, Inc. v. Commissioner, 64 T.C. 564 (1975), affd. without published opinion 539 F.2d 714 (7th Cir. 1976). In Jerome Castree Interiors, Inc., which involved section 267 and transactions between related taxpayers, the taxpayer- corporation’s president and his brother, both cash basis taxpayers, reported bonuses that had accrued in the preceding year on their tax returns for the year in which the bonuses were paid. During the accrual year, the total amount of bonuses to be awarded had not been allocated among the individual officers. However, on its tax return for that year, the taxpayer- corporation, an accrual basis taxpayer, deducted the total bonus amount. We held in Jerome Castree Interiors, Inc. that the taxpayer-corporation’s president and his brother did notPage: Previous 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 Next
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