- 17 - Petitioner relies on United States v. Merrill, 211 F.2d 297, 302-303 (9th Cir. 1954).9 In that case, the Court of Appeals for the Ninth Circuit held that a payment mistakenly made to a taxpayer who had no right to receive it is not taxable in the year of receipt if, in that year, the taxpayer renounces any claim to the funds, recognizes an obligation to repay, and makes provision for repayment in the form of a journal entry on the taxpayer’s books. Id. at 303-304. Petitioner’s situation differs from that of the taxpayer in Merrill because the payment of funds to petitioner was not a mistake, petitioner had the right to receive the funds, and there was no existing agreement with O’Dowd to return the payment. In Bates Motor Transp. Lines, Lashells’ Estate, and Merrill, each recipient of funds had an agreement with another party during the year of receipt to return the funds. Petitioner contends that he involuntarily received the funds, that he unconditionally renounced his right to them, and that he thought that not cashing the checks may have caused him to lose the $41,585,388 or be subject to the cost of financing an additional purchase. We disagree. He voluntarily cashed the checks he received. Creating a separate account to hold the 9 We relied on the holding in United States v. Merrill, 211 F.2d 297, 302-303 (9th Cir. 1954), in Bishop v. Commissioner, 25 T.C. 969, 974 (1956). See also Gaddy v. Commissioner, 38 T.C. 943, 947-948 (1962), affd. in part and remanded in part on another issue 344 F.2d 460 (5th Cir. 1965).Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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