- 9 - (holding that each partner is taxed on his distributive share of partnership income without regard to whether the amount is actually distributed to him). Petitioner argues, however, that the existence of a real controversy between petitioner and Mr. Cohen rendered the amount of his distributive share indefinite and that the partnership receipts in escrow are “frozen” and therefore unavailable to petitioner. Petitioner cites section 703(a) for the proposition that the taxable income of a partnership is computed in the same manner as that of an individual and cites several cases to support his argument that his dispute with his former partner postpones the inclusion of his distributive share because he does not have a claim of right to the income. Petitioner chiefly relies on: North American Oil Consolidated v. Burnet, 286 U.S. 417 (1932) (taxpayer must include income to which he has a claim of right); Estate of Fairbanks v. Commissioner, 3 T.C. 260 (1944) (dispute between executors and decedent’s wife precluded inclusion in the estate’s income); Madigan v. Commissioner, 43 B.T.A. 549 (1941) (taxpayer who placed funds in his personal account pending outcome of an accounting was not required to include the entire amount in income); Preston v. Commissioner, 35 B.T.A. 312 (1937) (dispute between two attorneys, who were not partners, precluded inclusion in income). Petitioner’s reliance on the foregoing cases is misplaced for reasons discussed below.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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