- 12 - and without restriction as to its disposition.6 Healy v. Commissioner, 345 U.S. 278, 281-282 (1953); United States v. Lewis, 340 U.S. 590, 591 (1951); N. Am. Oil Consol. v. Burnet, 286 U.S. 417 (1932).7 The claim of right doctrine results in part from the requirement to account for income annually. Healy v. Commissioner, supra at 281; United States v. Lewis, supra at 592; Burnet v. Sanford & Brooks Co., 282 U.S. 359, 363 (1931). The burden of proving a factual issue relating to liability for tax shifts to the Commissioner under certain circumstances. Sec. 7491(a). Petitioner does not contend that section 7491 applies. Thus, petitioner bears the burden of proof. See Rule 142(a); Welch v. Helvering, 290 U.S. 111, 115 (1933). 2. Whether the Payments at Issue Are Taxable in the Years Received We next consider petitioner’s argument that, under the claim of right doctrine, petitioner is excused from the general rule that income is taxable in the year in which the taxpayer receives 6 See generally Lister, “The Use and Abuse of Pragmatism: The Judicial Doctrine of Claim of Right”, 21 Tax L. Rev. 263 (1966). 7 In N. Am. Oil Consol. v. Burnet, 286 U.S. 417, 424 (1932), the Supreme Court articulated the claim of right doctrine as follows: If a taxpayer receives earnings under a claim of right and without restriction as to its disposition, he has received income which he is required to return, even though it may still be claimed that he is not entitled to retain the money, and even though he may still be adjudged liable to restore its equivalent.Page: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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