Glenn Hightower - Page 12

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          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.                             




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