- 18 - funds does not show that petitioner unconditionally renounced his right to the funds. Petitioner’s renunciation was not pursuant to an “existing” or “fixed” agreement to return the funds. On the contrary, petitioner intended to return the funds only if he succeeded in rescinding O’Dowd’s buyout.10 d. Conclusion As stated above, income is generally taxable in the year in which the taxpayer receives it unless, under the method of accounting used by the taxpayer, the amount is properly taxable in another year. Sec. 451(a). Under the claim of right doctrine, this principle applies to income received by a taxpayer and over which the taxpayer has unrestricted use, even if the taxpayer’s claim to the income is disputed by another party. Petitioner accepted and kept the payment and related interest 10 Neither party cited Sohio Corp. v. Commissioner, 163 F.2d 590 (D.C. Cir. 1947), revg. 7 T.C. 435 (1946). In that case, the Court of Appeals for the District of Columbia held that a taxpayer which (1) was required by Illinois law to receive income, (2) would have been subject to monetary penalties if it had not received the income, (3) protested the payment, and (4) immediately commenced and later prevailed in a court challenge to the constitutionality of the statute under which the payment was received did not have income in the year of receipt. Id. at 593. Petitioner’s situation is distinguishable from that of the taxpayer in Sohio Corp. v. Commissioner, supra. The taxpayer in Sohio Corp. did not receive and retain the payment voluntarily, but rather did so under the compulsion of State law and the threat of heavy penalties. Id. at 593. In contrast, petitioner agreed to be bound by the shareholders’ agreement that contained the buyout provision and arbitration procedures. The receipt, retention, and deposit of funds in petitioner’s bank account were voluntary.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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