Timothy J. Burke - Page 13

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          established until a settlement was reached during the last of the           
          3 years in issue.  Id. at 71.  We rejected the taxpayer’s                   
          argument that taxation of his distributive share should be                  
          postponed on that account, and we noted that the purpose of his             
          suit against his partner was to claim one-half of the profits and           
          that the settlement seemed to have decided that question.  Id. at           
          74.  We held that the taxpayer’s distributive share of the                  
          partnership profits had to be included in his income for the                
          years in which those profits were earned by the partnership.                
          Id.; see also First Mechs. Bank v. Commissioner, supra at 279               
          (holding the taxpayer liable for the higher amount of his                   
          distributive share for the tax year in issue despite the fact               
          that the taxpayer had settled for a lesser amount in a later year           
          in order to end protracted litigation); Beck Chem. Equip. Corp.             
          v. Commissioner, 27 T.C. 840, 855 (1957) (holding that the                  
          principles of scienter and actual receipt have no application to            
          the issue of whether partners are to be charged with their                  
          distributive shares and rejecting the taxpayer’s argument that a            
          dispute with his partner made the calculation of his distributive           
          share impossible and that the amounts were not established until            
          a settlement was reached in a later year); Klein v. Commissioner,           
          25 T.C. 1045 (1956) (rejecting the taxpayer’s argument that a               
          dispute between the taxpayer and his partner over his                       







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