Glenn Hightower - Page 16

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               A payment may not be taxable in the year it is received if,            
          in that year, the recipient-taxpayer recognizes an unconditional            
          obligation to pay it to another party.  See Bates Motor Transp.             
          Lines, Inc. v. Commissioner, 200 F.2d 20, 24 (7th Cir. 1952),               
          affg. 17 T.C. 151 (1951).  As another example, amounts paid by a            
          customer to a taxpayer were not income in the year received to              
          the extent that the taxpayer acknowledged an obligation to pay              
          the amounts to the taxpayer’s supplier, even though the agreement           
          was unenforceable.  Lashells’ Estate v. Commissioner, 208 F.2d              
          430, 435 (6th Cir. 1953), affg. in part, revg. in part and                  
          remanding a Memorandum Opinion of this Court; Shaara v.                     
          Commissioner, T.C. Memo. 1980-247.                                          
               Petitioner asserts that Hope v. Commissioner, supra, is                
          distinguishable because in Hope the taxpayers instituted the                
          stock sale and then tried to rescind it, while petitioner opposed           
          the transaction from the beginning.  We disagree that this                  
          factual distinction is significant.  What we believe is                     
          controlling is that, like the taxpayers in Hope v. Commissioner,            
          supra, and Miller v. Commissioner, supra, petitioner’s                      
          renunciation of the right to the amount received was not coupled            
          with an unconditional agreement or understanding with another               
          party to return the amount received.                                        









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