Glenn Hightower - Page 13

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          it.  Petitioner contends that the general rule does not apply               
          because the conditions for application of the claim of right                
          doctrine (i.e., receipt of income under a claim of right and                
          without restriction as to its disposition) have not been met.               
                    a.   Whether Petitioner Received Income in 2000 and               
                         2001                                                         
               Petitioner argues that he did not receive a payment from               
          O’Dowd in 2000 because he held O’Dowd’s payment in trust in a               
          segregated account.  We disagree.  Petitioner received the funds            
          and deposited them in an account he had opened in his name.                 
          There is no evidence that petitioner held the funds in trust.               
               Petitioner argues that the funds were not income until the             
          litigation was final and that the sale was incomplete because he            
          tendered his shares without endorsing the certificates.  We                 
          disagree.  The arbitrator found in the partial final award in               
          2000, which the California courts later affirmed, that                      
          petitioner’s stock was purchased in 2000.  We conclude that                 
          petitioner received payment for his stock in 2000 when he                   
          received the checks and that he received interest thereon in 2000           
          and 2001 when it was credited to the bank account into which he             
          had deposited the payment.  This result is not changed by the               
          fact that petitioner did not endorse the stock certificates.                










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