- 8 - initial check--were not signed by petitioner, as well as petitioner’s credible testimony that he and his wife were “having some problems” at that time, and that if she had given petitioner either of the checks, he would have cashed it. We further find that petitioner was not in constructive receipt of the income. Because the checks were never delivered to petitioner, he was deprived of the control over their disposition that would have been necessary for constructive receipt. Single v. Commissioner, supra (taxpayer did not constructively receive income in the form of State tax refund where the taxpayer’s spouse withheld the refund check until after the taxable year); sec. 1.451-2(a), Income Tax Regs. Because petitioner neither actually nor constructively received the IRA distribution during 1995, the $1,582.58 is not includable in petitioner’s income in that year. Single v. Commissioner, supra; sec. 408(d)(1); sec. 1.408-4(a)(1), Income Tax Regs. The second issue for decision is whether petitioner is entitled to a dependency exemption deduction for his daughter Amy Mudd in 1996. Although the notice of deficiency did not allow petitioner any dependency exemption deductions, respondent has conceded that petitioner is entitled to two such deductions for 1996, one for Robert Mudd and one for Mara Mudd. Petitioner argues that he is entitled to a third exemption deduction forPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
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